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1902 


(3-1571 


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Till: 


U N  I  T  ED   S T A TW, S 


i()VKKXIX(i    Till':    (;]{.\XTIN(i    OK 


-\liMV  AND  NAVY  I'BN'SIOXS 


To<;i:Tin:R  WITH  Tin: 


REGULATIONS  1!KLAT1X( 

(V)MI'ILKD  P    THE  LAW  rflVISK^OF 


AU  OF  PENSIONS 


AND 


<HKI>  [N    VCCORDANCE  WItH  THE  PROVISIONS 
SECTION    174S  OF    HIF,  KKVISKJ)  STATCT! 

EUGENE     F.    WARE, 


UC-NRLF 


WASHINGTON 

IOVERNMEN  I     I'JMNTINfj 


(3-15TH) 


LAWS 


UNITED   STATES 


UOVEUNIM;  THE  GRANTING  OF 


ARMY  AND  NAVY  PENSIONS, 


TOGETHER    WITH   THE 


REGULATIONS  RELATING  THERETO. 

jf 

COMPILED  IN  THE  LAW  DIVISION  OF  THE  BUREAU  OF  PENSIONS, 


,->  ^ 

AND 


PUBLISHED  IN  ACCORDANCE  WITH  THE  PROVISIONS 
OF  SECTION  4748  OF  THE  REVISED  STATUTES. 

EUGENE    F.   WARE, 

Commissioner. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
JULY,  1902. 


373 


/I '9 

\QO* 


AUTHORITY  FOR  PUBLICATION. 

SEC.  4748.  That  the  Commissioner  of  Pensions,  on  application  being  made  to  him 
in  person,  or  by  letter,  by  any  claimant  or  applicant  for  pension,  bounty-land,  or 
other  allowance  required  by  law  to  be  adjusted  or  paid  by  the  Pension  Office,  shall 
furnish  such  person,  free  of  all  expense,  all  such  printed  instructions  and  forms  as 
may  be  necessary  in  establishing  and  obtaining  said  claim ;  and  on  the  issuing  of  a 
certificate  of  pension  or  of  a  tfounty-land  warrant,  he  shall  forthwith  notify  the 
claimant  or  applicant,  and  also  the  agent  or  attorney  in  the  case,  if  there  be  one, 
that  such  certificate  has  been  issued,  or  allowance  made,  and  the  date  and  amount 
thereof.  (Sec.  22,  Act  March  3,'  l&ES";  Sec.  9,/AJjfrJ&fy,£4,  1862.) 


LAWS  RELATING  TO  THE  CREATION  OF  THE  OFFICE  OF 
COMMISSIONER  OF  PENSIONS. 


SEC. 

470.  Commissioner  of  Pensions. 

471.  Duties  of  the  Commissioner. 

472.  Deputy  Commissioner. 


SEC. 

473.  Person  to  sign  bounty-land  warrants. 
Act  August  5,  1882.    Duties  of  First  and  Second 
Deputy  Commissioners. 


SEC.  470.1  There  shall  be  in  the  Department  of  the  Interior  a  Com- 
missioner of  Pensions,  who  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  shall  be  entitled 
to  receive  a  salary  of  four  thousand  dollars  a  year. 

SEC.  471.  The  Commissioner  of  Pensions  shall  perform,  under  the 
direction  of  the  Secretary  of  the  Interior,  such  duties  in  the  execution 
of  the  various  pension  and  bounty-laud  laws  as  may  be  prescribed  by 
the  President. 

SEC.  472.1  There  shall  be  in  the  Department  of  the  Interior  a  Deputy 
Commissioner  of  Pensions,  who  shall  be  appointed  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  who  shall  be  charged 
with  such  duties  in  the  Pension  Bureau  as  may  be  prescribed  by  the 
Secretary  of  the  Interior,  or  may  be  required  by  law,  and  in  case  of 
death,  resignation,  absence,  or  sickness  of  the  Commissioner,  his  duties 
shall  devolve  upon  the  Deputy  Commissioner  until  a  successor  is  ap- 
pointed or  such  absence  or  sickness  ceases.  The  Deputy  Commissioner 
shall  be  entitled  to  receive  an  annual  salary  of  two  thousand  five  hun- 
dred dollars. 

NOTE. — Additional  Deputy  Commissioner  provided  for  under  the  act  of  June  30, 
1882. 

SEC.  473.  The  Commissioner  of  Pensions  is  authorized,  with  the  ap- 
proval of  the  Secretary  of  the  Interior,  to  appoint  a  person  to  sign  the 
name  of  the  Commissioner  to  certificates  or  warrants  for  bounty  lands ; 
and  certificates  or  warrants  so  signed  shall  be  as  valid  as  if  signed  by 
the  Commissioner. 

1  See  appropriation  act  ending  June  30,  1890.  Salary  of  Commissioner,  $5,000,  and 
Deputy  Commissioners,  $3,600  each ;  and  appropriation  act  ending  June  30,  1883. 

3 


M83564 


4       LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

Act  5  Aug.,  AN  ACT  making  appropriations  for  the  legislative,  executive,  and 
judicial  expenses  of  the  Government  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  eighty-three,  and  for  other  purposes. 

******* 

And  the  provisions  of  section  fifty-four  hundred  and 
eighty- five  of  the  Eevised  Statutes  shall  be  applicable  to 
any  person  who  shall  violate  the  provisions  of  an  act  en- 
titled "An  act  relating  to  claim  agents  and  attorneys  in 
pension  cases/'  approved  June  twentieth,  eighteen  hundred 
Duties  of  first  and  seventy-eight.  That  the  duties  of  first  and  second 

and  second  Dep-  . 

uty  Commission-  deputy  commissioners  shall  be  such  as  are  now  fixed  by 
law  for  the  deputy  commissioner  of  pensions $  and  in  case 
of  death,  resignation,  absence,  or  sickness  of  the  Commis- 
sioner his  duties  shall  devolve  upon  the  first  deputy  com- 
missioner until  his  successor  is  appointed,  or  such  absence 
or  sickness  ceases,  and  in  case  of  the  like  absence  of  the 
Commissioner  and  first  deputy  commissioner,  the  second 
deputy  commissioner  shall  act  as  Commissioner  in  like 
manner. 


LAWS  IN  FORCE  RELATIVE  TO  THE  GRANTING  OF  INVALID 

PENSIONS. 


SEC. 

4C92.  Who  are  entitled  to  pension. 

4693.  Beneficiaries  under  preceding  section. 


4722.  Missouri  Militia. 

4723.  Colored  soldiers,  "slaves. 


SEC.  4G92.  Every  person  specified  in  the  several  classes 
enumerated  in  the  following  section,  who  has  been,  since  gec  ^  3  Mar 
the  fourth  day  of  March,  eighteen  hundred  and  sixty-one,  y™->  ^  J«  l* 
or  who  is  hereafter  disabled  under  the  conditions  therein 
stated,  shall,  upon  making  due  proof  of  the  fact,  according 
to  such  forms  and  regulations  as  are  or  may  be  provided  in 
pursuance  of  law,  be  placed  on  the  list  of  invalid  pensioners 
of  the  United  States,  and  be  entitled  to  receive,  for  a  total 
disability,  or  a  permanent  specific  disability,  such  pension 
as  is  hereinafter  provided  in  such  cases;  and  for  an  inferior 
disability,  except  in  cases  of  permanent  specific  disability, 
for  which  the  rate  of  pension  is  expressly  provided,  an 
amount  proportionate  to  that  provided  for  total  disability; 
and  such  pension  shall  commence  as  hereinafter  provided, 
and  continue  during  the  existence  of  the  disability. 

SEC.  4693.  The  persons  entitled  as  beneficiaries  under    Beneficiaries 

_.  *  under  preceding 

the  preceding  section  are  as  follows :  section. 

First.  Any  officer  of  the  Army,  including  regulars,  vol-    Sec.  i,  3  Mar., 
unteers,  and  militia,  or  any  officer  in  the  Navy  or  MarineJuiy',1862.'    ' 
Corps,  or  any  enlisted  man,  however  employed,  in  the  mili- 
tary or  naval  service  of  the  United  States,  or  in  its  Marine  larVy 
Corps,  whether  regularly  mustered  or  not,  disabled  by  rea- llc 
son  of  any  wound  or  injury  received,  or  disease  contracted, 
while  in  the  service  of  the  United  States  and  in  the  line  of 
duty. 

Second.  Any  master  serving  on  a  gunboat,  or  any  pilot, 
engineer,  sailor,  or  other  person  not  regularly  mustered, 
serving  upon  any  gunboat  or  war-vessel  of  the  United 
States,  disabled  by  any  wound  or  injury  received,  or  other- 
wise incapacitated,  while  in  the  line  of  duty,  for  procuring 
his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  Army,    Sec.  i,  3  Mar., 
serving  for  the  time  being  as  a  member  of  the  militia  of  any 


J"lys 


Masters. 


liesolution 
July,  1862. 


16 


6       LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

•State,  under  orders  of  an  officer  of  the  United  States,  or 
who  volunteered*  for  the  time  being  to  serve  with  any  regu- 
is&T'  9>  *  July'  *arlF  organized  military  or  naval  force  of  the  United  States, 
or  who  otherwise  yolunteered  and  rendered  service  in  any 
engagement  with  rebels  or  Indians,  disabled  in  consequence 
of  wounds  or  injury  received  in  the  line  of  duty  in  such 
jtoc.ii,27Juiy,  temporary  service.  But  no  claim  of  a  State  militiaman,  or 
non-enlisted  person,  on  account  of  disability  from  wounds 
or  injury  received  in  battle  with  rebels  or  Indians,  while 
temporarily  rendering  service,  shall  be  valid  unless  prose- 
cuted to  a  successful  issue  prior  to  the  fourth  day  of  July, 
eighteen  hundred  and  seventy-four. 

is??'  sec3  ^"a     Fourth.  Any  acting  assistant  or  contract  surgeon  dis- 
Mar.,  1865.         abled  by  any  wound  or  injury  received  or  disease  contracted 
in  the  line  of  duty  while  actually  performing  the  duties  of 
assistant  surgeon  or  acting  assistant  surgeon  with  any 
miltiary  force  in  the  field,  or  in  transitu,  or  in  hospital. 
1873°'  ic3  f  &25     Fiftu-  Any  provost-marshal,  deputy  provost-marshal,  or 
July,  1866.         en  rolling-officer  disabled,  by  reason  of  any  wound  or  injury, 
received  in  the  discharge  of  his  duty,  to  procure  a  subsist- 
ence by  manual  labor. 


mili-     SEC.  4722.  The  provisions  of  this  Title  are  extended  to 
Sec  8  3  Mar  ^e  on^cers  an<^  privates  of  the  Missouri  State  militia,  and 
18?s'ee  sec  9  4  ^e  Provisi°na^  Missouri  militia,  disabled  by  reason  of  in- 
juiy,  1864;'  sees,  jury  received  or  disease  contracted  in  the  line  of  duty  while 
is«2  ;  '3  Mar.  'I  such  militia  was  co-operating  with  United  States  forces, 
and  the  widow  or  children  of  any  such  person  dying  of 
injury  received  or  disease  contracted  under  the  circum- 
stances herein  set  forth,  shall  be  entitled  to  the  benefits  of 
this  Title.    But  the  pensions  on  account  of  such  militia 
shall  not  commence  prior  to  the  third  day  of  March,  one 
thousand  eight  hundred  and  seventy  -three. 


<  ^23.  All  colored  persons  who  enlisted  in  the  Army 
Sec  i  3  Mar  the  war  of  the  rebellion,  and  who  are  now  prohibited 

18An  inde  end  ^rom  receiving  bounty  and  pension  on  account  of  being  borne 
cut  act.    (See  on  the  rolls  of  their  regiments  as  "slaves,"  shall  be  placed 
E'tatuteV  at  011  the  same  footing,  as  to  bounty  and  pension,  as  though 
they  had  not  been  slaves  at  the  date  of  their  enlistment. 


LAWS  GRANTING  PENSIONS  FOR  THE  NAVY  AND  REVENUE 

MARINE. 


SEC. 

4692,  4693.  Reference. 

2757.  Revenue  officers  cooperating  with  Navy. 

4728.  Officers  and  seamen  of  the  Navy  disabled 

prior  to  March  4,  1861. 

4729.  "Widows  and  minors  of  officers  and  seamen 

of  Navy  disabled  prior  to  March  4,  1861. 
4741.  Officers  and  seamen  of  revenue  cutters. 

4750.  Trustee  of  Navy  pension  fund. 

4751.  Penalties,  how  to  be  sued  for,  sees.  2462, 2463. 

4752.  Prize  money. 

4753.  Investment  of  Navy  pension  fund. 

4754.  Interest  on  Navy  pension  fund. 

4755.  Payment  of  Navy  pension  fund. 

4756.  Half  rating  to  disabled  enlisted   persons 

serving  twenty  years. 

4757.  Aid  for  service  not  less  than  ten  years. 

4758.  Trustee  of  the  privateer  pension  fund. 

4759.  Source  of  privateer  pension  fund. 


SEC. 

4760.  Proceeds  of  privateer  pension  fund  paid  to 

the  Treasury. 

4761.  "Who  are  entitled  as  privateersmen  to  pen- 

sion. 

4762.  Disability  record  of  disabled  privateersmen. 

4763.  Transcript  of  disability  record  to  be  trans- 

mitted to  the  Secretary  of  the  Navy. 
1426.  Honorable  discharges,  to  whom  granted. 
1573.  Bounty  paid  for  reenlisting. 
Act  March  3,  1877,  passed  assistant  engineers; 

cadet  engineers. 
Act  June  9,  1880,  restoring  pensions  in  certain 

cases. 
Act  August  14,  1888,  desertion,  Navy  or  Marine 

Corps. 
Joint  resolution  of  June  11,  1896,  extending  the 

benefits  of  sees.  1426  and  1573  to  all  enlisted 

persons  in  the  Navy. 


(See  sees.  4692  and  4693,  R.  S.,p.  5.) 

SEC.  2757.  The  revenue-cutters  shall,  whenever  the  Pres-  .  Revenue  cut- 

ters to  cooperate 

ident  so  directs,  co-operate  with  the  Navy,  during  which  with  the  Navy. 


time  they  shall  be  under  the  direction  of  the  Secretary  of  17^ctc  22 
the  Navy,  and  the  expenses  thereof  shall  be  defrayed  by  v.i,  p.  699.' 
the  Navy  Department.  R.  If 

SEC.  4728.  If  any  officer,  warrant  or  petty  officer,  seaman,    Pension  to  offi- 

7  cers  and  seamen 

engineer,  first,  second,  or  third  assistant  engineer,  fireman,  of  the  Navy  dis- 

abled   prior    to 

or  coal-heaver  of  the  Navy  or  any  marine  has  been  disabled  Mar.  4,  isei. 
prior  to  the  fourth  day  of  March,  eighteen  hundred  and    Secs.2and3,ii 

.     ,  ,  .     .  .        ,  Aug.,  1848;   Sec. 

sixty-one,  by  reason  of  any  injury  received  or  disease  con-  11,  i  July,  1701  ; 
tracted  in  the  service  and  line  of  duty,  he  shall  be  entitled  isoo.  ' 
to  receive  during  the  continuance  of  his  disability  a  pension 
proportionate  to  the  degree  of  his  disability,  not  exceeding 
half  the  monthly  pay  of  his  rank  as  it  existed  in  January, 
eighteen  hundred  and  thirty-  five.  But  the  pension  of  a  chief 
engineer  shall  be  the  same  as  that  of  a  lieutenant  of  the 
Navy;  the  pension  of  a  first  assistant  engineer  the  same  as 
that  of  a  lieutenant  of  marines;  the  pension  of  a  second  or 
third  assistant  engineer  the  same  as  that  of  a  forward  offi- 
cer; the  pension  of  a  fireman  or  coal-heaver  the  same  as 
that  of  a  seaman;  but  an  engineer,  fireman,  or  coal-heaver 


8  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

shall  not  be  entitled  to  any  pension  by  reason  of  a  disability 
incurred  prior  to  the  thirty-first  day  of  August,  eighteen 
hundred  and  forty-two. 

pension  towid-     SEC.  4729.  If  any  person  referred  to  in  the  preceding  sec- 

ows  and  minors     . 

of  some  officers  tion  has  died  in  the  service,  of  injury  received  or  disease 
the  N6avyndi8  contracted  under  the  conditions  therein  stated,  his  widow 
Mard4,pi86i°.r  to  shall  be  entitled  to  receive  half  the  monthly  pay  to  which 
Sees. i, 2, and 3,  the  deceased  was  entitled  at  the  date  of  his  death;  and  in 
11  Aug.,  i&  cage  oj.  ker  d^th  or  marriage,  the  child  or  children  under 
sixteen  years  of  age  shall  be  entitled  to  the  pension.  But 
the  rate  of  pension  herein  allowed  shall  be  governed  by  the 
pay  of  the  Navy  as  it  existed  in  January,  eighteen  hundred 
and  thirty-five;  and  the  pension  of  the  widow  of  a  chief 
engineer  shall  be  the  same  as  that  of  a  widow  of  a  lieuten- 
ant in  the  Navy;  the  pension  of  the  widow  of  a  first  assist- 
ant engineer  shall  be  the  same  as  that  of  the  widow  of  a 
lieutenant  of  marines ;  the  pension  of  the  widow  of  a  second 
or  third  assistant  engineer  the  same  as  that  of  the  widow  of 
a  forward  officer;  the  pension  of  the  widow  of  a  fireman  or 
coal-heaver  shall  be  the  same  as  that  of  the  widow  of  a  sea- 
man. But  the  rate  of  pension  prescribed  by  this  and  the 
preceding  section  shall  be  varied  from  and  after  the  twenty- 
fifth  day  of  July,  eighteen  hundred  and  sixty-six,  in  accord- 
ance with  the  provisions  of  section  four  thousand  seven 
hundred  and  twelve  of  this  Title;  and  the  widow  of  an  en- 
gineer, fireman,  or  coal-heaver  shall  not  be  entitled  to  any 
pension  by  reason  of  the  death  of  her  husband,  if  his  death 
was  prior  to  the  thirty- first  day  of  August,  eighteen  hundred 
and  forty-two. 

pension  to  om-     SEC.  4741.  The  officers  and  seamen  of  the  revenue  cutters 

oTrevenue  cut-  of  the  United  States,  who  have  been  or  may  be  wounded  or 

—  disabled  in  the  discharge  of  their  duty  while  co-operating 

18U?*  r''  with  the  Navy  by  order  of  the  President,  shall  be  entitled 

to  be  placed  on  the  Navy  pension-list,  at  the  same  rate  of 

pension  and  under  the  same  regulations  and  restrictions  as 

are  provided  by  law  for  the  officers  and  seamen  of  the  Navy. 

secretary   oi     SEC.  4750.  The  Secretary  of  the  Navy  shall  be  trustee  of 

the  Navy  shall  be  __ 

trustee  of  Navy  the  Navy  pension-fund. 

pension  fund. 

Sec.l,  10  July, 
1832 

Penalties;  how     SEC.  4751.  All  penalties  and  forfeitures  incurred  under 
etc.  e  ' '  the  provisions  of  sections  twenty-four  hundred  and  sixty- 

sec.  3,  2  Mar.,  one,  twenty-four  hundred  and  sixty-two,  twenty-four  hun- 
dred and  sixty-three,  Title  "THE  PUBLIC  LANDS,"  shall  be 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

sued  for,  recovered,  distributed,  and  accounted  for  under 
the  directions  of  the  Secretary  of  the  Navy,  and  shall  be 
paid  over,  one-half  to  the  informers,  if  any,  or  captors, 
where  seized,  and  the  other  half  to  the  Secretary  of  the  Navy 
for  the  use  of  the  Navy  pension-fund  5  and  the  Secretary  is 
authorized  to  mitigate,  in  whole  or  in  part,  on  such  terms 
and  conditions  as  he  deems  proper,  by  an  order  in  writing, 
any  fine,  penalty,  or  forfeiture  so  incurred. 

SEC.  4752.  All  money  accruing  or  which  has  already 
accrued  to  the  United  States  from  sale  of  prizes  shall  be 
and  remain  forever  a  fund  for  the  payment  of  pensions  to  pensions 


the  officers,  seamen,  and  marines  who  may  be  entitled  to  18|£c-  *»  17  July» 

receive  the  same  ;  if  such  fund  be  insufficient  for  the  pur- 

pose, the  public  faith  is  pledged  to  make  up  the  deficiency  ; 

but  if  it  should  be  more  than  sufficient,  the  surplus  shall 

be  applied  to  the  making  of  further  provision  for  the  com- 

fort of  the  disabled  officers,  seamen,  and  marines. 

SEC.  4753.  The  Secretary  of  the  Navy,  as  trustee  of  the  ^y 
naval  pension-fund,  is  directed  to  cause  to  be  invested  in  the  invested. 


registered  securities  of  the  United  States,  on  the  first  day  of  ^  681gjjtion  * 

January  and  the  first  day  of  July  of  each  year,  so  much  of 

said  fund  then  in  the  Treasury  of  the  United  States  as  may 

not  be  required  for  the  payment  of  naval  pensions  for  the 

then  current  fiscal  year;  and,  upon  the  requisition  of  the 

Secretary,  so  much  of  the  fund  as  may  not  be  required  for 

such  payment  of  pensions  accruing  during  the  current  fiscal 

year  shall  be  held  in  the  Treasury  on  the  days  above  named 

in  each  year,  subject  to  his  order,  for  the  purpose  of  such 

immediate  investment;  and  the  interest  payable  in  coin 

upon  the  securities  in  which  the  fund  may  be  invested  shall 

be  so  paid,  when  due,  to  the  order  of  the  Secretary  of  the 

Navy,  and  he  is  authorized  and  directed  to  exchange  the 

amount  of  such  interest,  when  paid  in  coin,  for  so  much  of 

the  legal  currency  of  the  United  States  as  may  be  obtained 

therefor  at  the  current  rates  of  premium  on  gold,  and  to 

deposit  the  interest  so  converted  in  the  Treasury  to  the 

credit  of  the  naval  pension-fund;  but  nothing  herein  con- 

tained shall  be  construed  to  interfere  with  the  payment  of 

naval  pensions  under  the  supervision  of  the  Secretary  of  the 

Interior  as  regulated  by  law. 

SEC.  4754.  The  interest  on  the  naval  pension-fund  shall 
hereafter  be  at  the  rate  of  three  per  centum  per  annum  in  fupd 


lawful  money.  Sc-  2.  23  July. 


lg 


10  LAWS    RELATING   TO    ARMY   AND    NAVY   PENSIONS. 


PfyIyMenfl°om     SEO'  4755'  Tne  ^av.v  pensions  shall  be  paid  from  the 
fand.  _  Navy  pension-fund,  but  no  payments  shall  be  made  there- 

ct  U  July'from  except  upon  appropriations  authorized  by  Congress. 


i87o 


Tnere  sha11  be  Paid  out  of  tne  naval  pension- 
serving  fund  to  every  person  who,  from  age  or  infirmity,  is  disabled 

twenty  years  in  .  * 

Navy  or  Marine  irom  sea  service,  but  who  has  served  as  an  enlisted  person, 
—  or  an  appointed  petty  officer,  or  both,  in  the  Navy  or  Ma- 

18B7J  8  Dec.  a23i  TinG  Corps  for  the  period  of  twenty  years,  and  not  been 
discharged  for  misconduct,  in  lieu  of  being  provided  with 
a  home  in  the  Naval  Asylum,  Philadelphia,  if  he  so  elects, 
a  sum  equal  to  one-half  the  pay  of  his  rating  at  the  time 
he  was  discharged,  to  be  paid  him  quarterly,  under  the 
direction  of  the  Commissioner  of  Pensions  ;  and  application 
for  such  pension  shall  be  made  to  the  Secretary  of  the 
Navy,  who,  upon  being  satisfied  that  the  applicant  comes 
within  the  provisions  of  this  section,  shall  certify  the  same 
to  the  Commissioner  of  Pensions,  and  such  certificate  shall 
be  his  warrant  for  making  payment  as  herein  authorized. 

serving  not     SEC.  4757.  Every  disabled  person  who  has  served  in  the 

less  than  ten  . 

years,  may  re-  Navy  or  Marine  Corps  as  an  enlisted  man  or  appointed 

ceive  what  aid.  .     , 

-  petty  officer,  or  both,  for  a  period  not  less  than  ten  years, 

Proviso,  Act  21      ,J  '  * 

Mar.,  1867.         and  not  been  discharged  for  misconduct,  may  apply  to  the 
1886?11  D''  Secretary  of  the  Navy  for  aid  from  the  surplus  income  of 

the  naval  pension-fund  ;  and  the  Secretary  of  the  Navy  is 
authorized  to  convene  a  board  of  not  less  than  three  naval 
officers,  one  of  whom  shall  be  a  surgeon,  to  examine  into 
the  condition  of  the  applicant,  and  to  recommend  a  suitable 
amount  for  his  relief,  and  for  a  specified  time,  and  upon  the 
approval  of  such  recommendation  by  the  Secretary  of  the 
Navy,  and  a  certificate  thereof  to  the  Commissioner  of  Pen- 
sions, the  amount  shall  be  paid  in  the  same  manner  as  is 
provided  in  the  preceding  section  for  the  payment  to  per- 
sons disabled  by  long  service  in  the  Navy  ;  but  no  allowance 
so  made  shall  exceed  the  rate  of  a  pension  for  full  disability 
corresponding  to  the  grade  of  the  applicant,  nor,  if  in  addi- 
tion to  a  pension,  exceed  one-fourth  the  rate  of  such  pension. 


secretary     of     gEC.  4758.  The  Secretary  of  the  Navy  shall  be  trustee  of 

Navy  trustee  of 

privateerpen-the  privateer  pension-fund. 

sion  fund. 

Sees.  3  and  5,  10  July,  1832. 


Privateer  pen-     gEC.  4759.  Two  per  centum  on  the  net  amount,  after  de- 

sion   fund  ;    how 

derived.  ducting  all  charges  and  expenditures,  of  the  prize-money 

sec.  17,26  June,  arising  from  captured  vessels  and  cargoes,  and  on  the  net 

amount  of  the  salvage  of  vessels  and  cargoes  recaptured  by 

the  private  armed  vessels  of  the  United  States,  shall  be 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      11 

ecured  and  paid  over  to  the  collector  or  other  chief  officer 

>f  the  customs  of  the  port  or  place  in  the  United  States  at 

which  such  captured  or  recaptured  vessels  may  arrive  ;  or 

;o  the  consul  or  other  public  agent  of  the  United  States  re- 

iding  at  the  port  or  place,  not  within  the  United  States,  at 

which  such  captured  or  recaptured  vessel  may  arrive.    And 

he  moneys  arising  therefrom  are  pledged  by  the  Govern- 

ment of  the  United  States  as  a  fund  for  the  support  and 

maintenance  of  the  widows  and  orphans  of  such  persons  as 

nay  be  slain,  and  for  the  support  and  maintenance  of  such 

Dersons  as  may  be  wounded  and  disabled  on  board  of  the 

3rivate  armed  vessels  of  the  United  States,  in  any  engage- 

ment with  the  enemy,  to  be  assigned  and  distributed  in 

uch  manner  as  is  or  may  be  provided  by  law. 

SEC.  4760.  The  two  per  centum  reserved  in  the  hands  of  Tr^erPaiedt;nto 
he  collectors  and  consuls  by  the  preceding  section  shall  be    Sec  ^  13  Feb 
mid  to  the  Treasury,  under  the  like  regulations  provided  for  i813- 
ther  public  money,  and  shall  constitute  a  fund  for  the  pur- 
>oses  provided  for  by  that  section. 


SEC.  4761.  The  Secretary  of  the  Interior  is  required  to 
ilace  on  the  pension-list,  under  the  like  regulations  tod 
estrictions  as  are  used  in  relation  to  the  Navy  of  the  United    Sec  2  13  Feb 
>tates,  any  officer,  seaman,  or  marine  who,  on  board  of  any  Jgj;  se^  3,  5 
•rivate  armed  vessel  bearing  a  commission  of  letter  of 
marque,  shall  have  been  wounded  or  otherwise  disabled  in 
ny  engagement  with  the  enemy,  or  in  the  line  of  their  duty 
as  officers,  seamen,  or  marines  of  such  private  armed  vessel; 
Jlowing  to  the  captain  a  sum  not  exceeding  twenty  dollars 
>er  month  ;  to  lieutenants  and  sailing-master  a  sum  not  ex- 
eeding  twelve  dollars  each  per  month;  to  marine  officer, 
•oats  wain,  gunner,  carpenter,  master's  mate,  andprize-inas- 
ers  a  sum  not  exceeding  ten  dollars  each  per  month  ;  to  all 
•ther  officers  a  sum  not  exceeding  eight  dollars  each  per 
month,  for  the  highest  rate  of  disability,  and  so  in  propor- 
iou;  and  to  a  seaman,  or  acting  as  a  marine,  the  sum  of 
ix  dollars  per  mouth,  for  the  highest  rate  of  disability,  and 
soin  proportion;  which  several  pensions  shall  be  paid  from 
noneys  appropriated  for  the  payment  of  pensions. 

SEC.  4762.  The  commanding  officer  of  every  vessel  hav- 
ng  a  commission,  or  letters  of  marque  and  reprisal,  shall 
inter  in  his  journal  the  name  and  rank  of  any  officer,  and  jou 


;he  name  of  any  seaman,  who,  during  his  cruise,  is  wounded  lgSec.  3,  is  Feb., 
>r  disabled,  describing  the  manner  and  extent,  as  far  as 
>racticable,  of  such  wound  or  disability. 


12  LAWS   RELATING   TO   ARMY   AND    NAVY    PENSIONS. 

jourrS88Crt  o  b  e  SEC'  4763'  E very  collector  shall  transmit  quarterly  to  the 
Secretary  °f  tne  Navy  a  transcript  of  such  journals  as  may 
have  been  reported  to  him,  so  far  as  it  gives  a  list  of  the 


sec.  4,  is  Feb.,  officers  and  crew,  and  the  description  of  wounds  and  dis- 
abilities, the  better  to  enable  the  Secretary  to  decide  on 
claims  for  pensions. 

Act 3  Mar.,  1877.          AN  ACT  equalizing  pensions  of  certain  officers  in  the  Navy. 

enacted  by  the  Senate  and  House  of  Representatives  oj 
United  States  of  America  in  Congress  assembled,  That 
R-  s.  from  and  after  the  passage  of  this  act,  the  pension  for  total 

disability  of  passed  assistant  engineers,  assistant  engi- 
neers, and  cadet  engineers  in  the  naval  service,  respec- 
tively, shall  be  the  same  as  the  pensions  allowed  to  officers 
of  the  line  in  the  naval  service  with  whom  they  have  rela- 
tive rank ;  and  that  all  acts  or  parts  of  acts,  inconsistent 
herewith  be,  and  are  hereby,  repealed. 
Approved,  March  3,  1877. 


Act9 June,  1880.  AN  ACT  to  restore  pensions  in  certain  cases. 

See  sec.  4712,  ge  n  enacted  by  the  Senate  and  House  of  Representatives  oj 
the  United  States  of  America  in  Congress  assembled,  That 
section  three  of  an  act  entitled  uAn  act  increasing  the  pen- 
sions of  widows  and  orphans,  and  for  other  purposes," 
approved  July  twenty-fifth,  eighteen  hundred  and  sixty- 
six,  and  section  thirteen  of  an  act  entitled  "An  act  relat- 
ing to  pensions,"  approved  July  twenty-seventh,  eighteen 
hundred  and  sixty-eight,  and  section  forty-seven  hundred 
and  twelve  of  the  Kevised  Statutes,  shall  not  operate  to 
reduce  the  rate  of  any  pension  which  had  actually  been 
allowed  to  the  commissioned,  non-commissioned,  or  petty 
officers  of  the  Navy  or  their  widows,  or  minor  children, 
prior  to  July  twenty-fifth,  eighteen  hundred  and  sixty-six: 
and  the  Secretary  of  the  Interior  is  hereby  directed  tc 
restore  all  such  pensions  as  have  already  been  so  reduced 
to  the  rate  originally  granted  and  allowed,  to  take  effect 
from  the  date  of  such  reduction. 
Approved,  June  9,  1880. 


14  Aug.,  AN  ACT  to  relieve  certain  appointed  or  enlisted  men  of  the  Navy  and 
Marine  Corps  from  the  charge  of  desertion. 

enacted  by  the  Senate  and  House  of  Representatives  oj 


«v 
Corps.  tfie  United  States  of  America  in  Congress  assembled,  That  th€ 


charge  of  desertion*  now  standing  on  the  rolls  and  reco 


"  vj\ 
th( 
rd 


LAWS   RELATING   TO   ARMY   AND   NAVY   PENSIONS.  13 

f  the  Navy  or  Marine  Corps  against  any  appointed  or 
nlisted  man  of  the  Navy  or  Marine  Corps  who  served  in 
he  late  war  may,  in  the  discretion  of  the  Secretary  of  the 
vTavy,  be  removed  in  all  cases  where  it  shall  be  made  to 
ppear  to  the  satisfaction  of  the  Secretary  of  the  Navy 
rom  such  rolls  and  records  or  from  other  satisfactory  evi- 
ence,  that  any  such  appointed  or  enlisted  man  served 
aithfully  until  the  expiration  of  his  term  of  enlistment,  or 
ntil  the  first  day  of  May  anno  Domini  eighteen  hundred 
nd  sixty-five,  having  previously  served  six  months  or 
aore,  or  was  prevented  from  completing  his  term  of  serv- 
ce  by  reason  of  wounds  received  or  disease  contracted  in 
tie  line  of  duty,  but  who,  by  reason  of  absence  from  his 
ommand  at  the  time  he  became  entitled  to  his  discharge, 
ailed  to  be  mustered  out  and  to  receive  a  discharge  from 
be  service :  Provided,  That  no  such  appointed  or  enlisted 
man  shall  be  relieved  under  this  section  who,  not  being 
ick  or  wounded,  left  his  command,  without  proper  author- 
;y,  while  the  same  was  in  presence  of  the  enemy. 
SEC.  2.  That  the  Secretary  of  the  Navy  is  hereby  author 
zed  to  remove  the  charge  of  desertion  standing  on  the  rolls 
r  records  of  the  Navy  or  Marine  Corps  against  any  ap- 
ointed  or  enlisted  man  of  the  Navy  or  Marine  Corps  who 
erved  in  the  late  war,  in  all  cases  where  it  shall  be  made 

0  appear,  to  the  satisfaction  of  the  Secretary  of  the  Navy, 
rom  such  rolls  or  from  other  satisfactory  evidence,  that 
uch  appointed  or  enlisted  man  charged  with  desertion  or 
vith  absence  without  leave,  after  such  charge  of  desertion 

r  absence  without  leave,  and  within  a  reasonable  time 
hereafter,  voluntarily  returned  to  and  served  in  the  line  of 
is  duty  until  he  was  mustered  out  of  the  service,  and 
eceived  a  certificate  of  discharge  therefrom,  or,  while  so 
bsent,  and  before  the  expiration  of  his  term  of  enlistment, 
led  from  wounds,  injury,  or  disease  received  or  contracted 

1  the  service  and  in  the  line  of  duty. 

SEC.  3.  That  the  charge  of  desertion  now  standing  on  the  ^ 
oils  or  records  of  the  Navy  or  Marine  Corps  against  any  charge  from 
ppointed  or  enlisted  man  of  the  Navy  or  Marine  Corps  ™ 
vho  served  in  the  late  war,  by  reason  of  his  having  enlisted 
it  any  station  or  on  board  of  any  vessel  of  the  Navy  with- 
ut  having  first  received  a  discharge  from  the  station  or 
essel  in  which  he  had  previously  served,  shall  be  removed 
n  all  cases  wherein  it  shall  be  made  to  appear  to  the  satis- 
action  of  the  Secretary  of  the  Navy  from  such  rolls  and 
ecords,  or  from  other  satisfactory  testimony,  that  such  re- 
mlistment  was  not  made  for  the  purpose  of  securing  bounty 


Proviso. 


Certificate 
discharge. 


14      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

or  other  gratuity  that  he  would  not  have  been  entitled  to, 
had  he  remained  under  his  original  term  of  enlistment:: 
Provided,  That  no  appointed  or  enlisted  man  shall  be  re- 
lieved under  this  act  who,  not  being  sick  or  wounded,  left 
his  command  without  proper  authority  while  the  same  was  in 
presence  of  the  enemy,  or  who,  at  the  time  of  leaving  his  com- 
mand, was  in  arrest  or  under  charges,  or  in  whose  case  the 
period  of  absence  from  the  service  exceeded  three  months. 

SEC.  4.  That  in  all  cases  where  the  charge  of  desertion 
shall  be  removed  under  the  provisions  of  this  act  from  the 
record  of  any  appointed  or  enlisted  man  of  the  Navy  or  Ma- 
rine Corps  who  has  not  received  a  certificate  of  discharge  it 
shall  be  the  duty  of  the  Secretary  of  the  Navy  to  issue  to 
such  appointed  or  enlisted  man,  or  in  case  of  his  death,  to 
his  heirs  or  legal  representatives,  a  certificate  of  discharge. 

SEC.  5.  That  when  the  charge  of  desertion  shall  be  re- 
moved under  the  provisions  of  this  act  from  the  record 
of  any  appointed  or  enlisted  man  of  the  Navy  or  Marine 
Corps,  such  man,  or,  in  case  of  his  death,  the  heirs  or  legal 
representatives  of  such  man,  shall  receive  all  pay  and 
bounty  which  may  have  been  withheld  on  account  of  such 
charge  of  desertion  or  absence  without  leave:  Provided, 
however,  That  this  act  shall  not  be  so  construed  as  to  give 
to  any  such  man  as  may  be  entitled  to  relief  under  the  pro- 
visions of  this  act,  or,  in  case  of  his  death,  to  the  heirs  or 
legal  representatives  of  any  such  man,  the  right  to  receive 
Period  of  six  pay  and  bounty  for  any  period  of  time  during  which  such 

months'    service^ 

not  entitled.  man  was  absent  from  his  command  without  leave  of  ab- 
sence :  And  provided  further,  That  no  appointed  or  enlisted 
man,  nor  the  heirs  or  legal  representatives  of  any  such 
man,  who  served  in  the  Navy  or  Marine  Corps  a  period  of 
less  than  six  months  shall  be  entitled  to  the  benefit  of  the 
provisions  of  this  act :  And  provided  further,  That  all  appli- 
cations for  relief  under  this  act  shall  be  made  to  and  filed 
with  the  Secretary  of  the  Navy  within  the  period  of  five 
years  from  and  after  its  passage,  and  all  applications  not  so 
made  and  filed  within  the  said  term  of  five  years  shall  be 
forever  barred,  and  shall  not  be  received  or  considered. 

SEC.  6.  That  all  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 
Approved,  August  14, 1888. 


Honorable  dis      SEC.  1426.  Honorable  discharges  may  be  granted  to  sea- 
charge,  to  whom 
granted.  men,  ordinary  seamen,  landsmen,  firemen,  coal-heavers, 

and  boys  who  have  enlisted  for  three  years. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      15 


SEC.  1573.  If  any  seaman,  ordinary  seaman,  landsman, 
fireman,  coal-heaver,  or  boy,  being  honorably  discharged,  ^^^  Mar., 
shall  re-enlist  for  three  years,  within  three  months  th  ere-  IO^P.  627;?  June,' 
after,  he  shall,  on  presenting  his  honorable  discharge,  or  P.  120.  ' 
on  accounting  in  a  satisfactory  manner  for  its  loss,  be. 
entitled  to  pay,  during  the  said  three  months,  equal  to 
that  to  which  he  would  have  been  entitled  if  he  had  been 
employed  in  actual  service. 


JOINT  RESOLUTION  extending  the  benefits  of  sections  fourteen  .Joint  resolu- 
hundred  and  twenty-six  and  fifteen  hundred  and  seventy-throe  of  iggg,  29  Stat.Ulf' 
the  Revised  Statutes  to  all  enlisted  persons  in  the  Navy.  P-  476-  _ 

Resolved  by  the  Senate  and  House  of  Representatives  of  Navy. 
the  United  States  of  America  in  Congress  assembled,  Thafrch^rge^and  drt" 


khe  benefits  of  honorable  discharge  as  conferred  by  section 
fourteen  hundred  and  twenty-  six  of  the  Kevised  Statutes 
and  of  three  months'  pay  upon  re-enlistment  after  honor-  BiSi'pp'251'269- 
able  discharge  as  conferred  by  section  fifteen  hundred  and 
seventy-three  upon  seamen,  ordinary  seamen,  landsmen, 
firemen,  coal  heavers,  and  boys,  be  and  the  same  are  hereby, 
extended  and  made  applicable  to  all  enlisted  persons  in  the 
Navy. 
And  all  accounts  of  paymasters  who  have  made  pay-    Paymasters' 

T   j.    i  ,.   ,!         ,  -,   •  /T          accounts  for  pay- 

ments to  enlisted  men,  not  of  the  classes  named  in  sections  ments  so  made  to 
burteen  hundred  and  twenty-six  and  fifteen  hundred  and 
seventy-three,  Eevised  Statutes,  as  if  they  had  been  in- 
cluded in  the  provisions  of  said  sections,  shall  be  allowed 
and  passed  by  the  accounting  officers  of  the  Treasury  as  if 
;hey  had  been  included  in  said  sections. 


LAWS  RELATING  TO  THE  INCREASE  OF  INVALID  PENSIONS. 


SEC. 

4698$.  Commencement  for  disabilities  not  perma- 
nent and  specific. 


Act  June  18,  3874,  increasing  rate  of  $50  to  $72 
per  month  for  total  disability. 


Act  June  18,  1874,  rate,  $50  per  month ;  regular  Act  March  3,  1883,  increasing  rate  for  the  loss  of 
personal  aid  and  attendance  of  another  arm  or  leg  in  service,  and  for  other  pur- 
person,  poses. 

Act  June  18,  1874,  rate,  $24  per  month;  loss  of  Act  March  3,  1885,  loss  of  arm  at  shoulder  joint. 

arm  at  or  below  elbow;  leg  at  or  below  Act  March  4, 1886.  loss  of  one  hand  or  one  foot,  or 


knee. 
Act  June  17,  1878,  rate,  $72  per  month ;  loss  of 

both  hands  or  both  feet,  or  the  sight  of 

both  eyes. 
Act  March  3,  1879,  for  the  relic- f  of  soldiers  and 


total  disability  in  same;  loss  of  arm  at 
or  above  the  elbow,  or  leg  at  or  above  the 
knee,  or  total  disability  in  same;  loss  of 
arm  at  shoulder  joint  or  leg  at  hip  joint. 
Act  August  27,  1888,  rate  for  total  and  partial 


sailors  becoming  totally  blind.  deafness. 


[4698J.]  ExcePt in  cases  of  permanent  specific  disa- 
disabilities    not  bilities,  no  increase  of  pension  shall  be  allowed  to  commence 
specific.         _  prior  to  the  date  of  the  examining  surgeon's  certificate  estab- 
sec.  4,  3  Mar.,  lishing  the  same,  made  under  the  pending  claim  for  increase, 
see  sec.  4,  10  and  in  this,  as  well  as  all  other  cases,  the  certificate  of  an 

Apr.,  1806. 

examining  surgeon,  or  of  a  board  of  examining  surgeons, 
shall  be  subject  to  the  approval  of  the  Commissioner  of 
Pensions. 


Act  18  June,  AN  ACT  to  increase  the  pension  of  soldiers  and  sailors  who  have  lnvn 

totally  disabled.1 

see  sees.  4697,  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That 
section  four  of  the  act  entitled  "  An  act  to  revise,  consoli- 
date, and  amend  the  laws  relating  to  pensions,'7  and  ap- 
proved March  third,  eighteen  hundred  and  seventy-th 
be  so  amended  that  all  persons  who,  while  in  the  mill 
or  naval  service  of  the  United  States,  and  in  the  line  o 
duty,  shall  have  been  so  permanently  and  totally  disabled 
as  to  require  the  regular  personal  aid  and  attendance  of 
another  person,  by  the  loss  of  the  sight  of  both  eyes  or  by 

seeamendment  the  loss  of  the  sight  of  one  eye,  the  sight  of  the  other  hav- 

act  16  June,  1880, 

P.  is.  ing  been  previously  lost,  or  by  the  loss  of  both  hands,  or  by 

the  loss  of  both  feet,  or  by  any  other  injury  resulting  in  total 
and  permanent  helplessness,  shall  be  entitled  to  a  pension 


1  Amended  by  Act  of  June  16,  1880,  p.  18. 
16 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  17 

of  fifty  dollars  per  month ;  and  this  shall  be  in  lieu  of  a  pen- 
sion of  thirty-one  dollars  and  twenty-five  cents  per  month 
granted  to  such  person  by  said  section :  Provided,  That  the 
increase  of  pension  shall  not  be  granted  by  reason  of  any  of 
the  injuries  herein  specified,  unless  the  same  shall  have 
resulted  in  permanent,  total  helplessness,  requiring  the  reg- 
ular personal  aid  and  attendance  of  another  person. 

SEC.  2.  That  this  act  shall  take  effect  from  and  after  the 
fourth  day  of  June,  eighteen  hundred  and  seventy-four. 

Approved,  June  18,  1874. 


AN  ACT  to  increase  pensions  in  certain  cases.  Act  18  June, 

1874. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  see  sees.  4097, 
the  United  States  of  America  in  Congress  assembled,  That  all 4698' K' S' 
persons  who  are  now  entitled  to  pensions  under  existing 
laws,  and  who  have  lost  either  an  arm  at  or  above  the  elbow,    L.08.8  of  &™  at 

'  or  below  elbow; 

or  a  leg  at  or  above  the  knee,  shall  be  rated  in  the  second      at  or 
class,  and  shall  receive  twenty-four  dollars  per  month :  Pro- 
vided, That  no  artificial  limbs,  or  commutation  therefor, 
shall  be  furnished  to  such  persons  as  shall  be  entitled  to 
pensions  under  this  act. 

SEC.  2.  That  this  act  shall  take  effect  from  and  after  the 
fourth  day  of  June,  eighteen  hundred  and  seventy-four. 

Approved,  June  18, 1874. 


AN  ACT  to  increase  the  pension  of  certain  pensioned  soldiers  and  sailors     Act  17   June, 
who  have  lost  both  their  hands  or  both  their  feet  or  the  sight  of  both  1878' 
eyes  in  the  service  of  the  country. 


Whereas,  it  is  apparent  that  the  present  pension  paid  to  sol-  46||te  *6g;  46|7; 
diers  and  sailors  who  have  lost  both  their  hands  or  both  StgJSSwSJ 
their  feet  in  the  service  of  the  country  is  greatly  made-  i88o°f  June  16> 
quate  to  the  support  of  such  as  have  families  :  Therefore, 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  on 
and  after  the  passage  of  this  act,  all  soldiers  and  sailors 
who  have  lost  either  both  their  hands  or  both  their  feet  or    Lo88  of  both 

hands     or    both 

the  sight  of  both  eyes  in  the  service  of  the  United  States,  feet. 
shall  receive,  in  lieu  of  all  pensions  now  paid  them  by  the 
Government  of  the  United  States,  and  there  shall  be  paid 
to  them,  in  the  same  manner  as  pensions  are  now  paid 
to  such  persons,  the  sum  of  seventy-two  dollars  per  month. 

Approved,  June  17,  1878. 

Above  act  amended  by  the  following  act: 
5323—02  --  2 


18  LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS. 

Act  3  Mar.,  AN  ACT  for  the  relief  of  soldiers  and  sailors  becoming  totally  blind  in 
-  '  -  the  service  of  the  country. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 

the  United  States  of  America  in  Congress  assembled,  That 

the  act  of  June  seventeenth,  eighteen  hundred  and  seventy- 

eight,  entitled  "An  act  to  increase  the  pensions  of  certain 

LOSS  of  both  soldiers  and  sailors  who  have  lost  both  their  hands  or  both 

hands,  both  feet.  ,-•./,  .,          •    i  j_       /»  i     j-i  ji 

sight  both  eyes,  their  feet,  or  the  sight  of  both  eyes,  in  the  service  ot  the 
MOT!  country,"  be  so  construed  as  to  include  all  soldiers  and  sail- 


ao      16  ors  who  have  become  totally  blind  from  causes  occurring  in 


8'  J 

the  service  of  the  United  States. 
Approved,  March  3,  1879. 


Act  16  June,  AN  ACT  to  increase  the  pensions  of  certain  pensioned  soldiers  and 

' sailors  who  are  utterly  helpless  from  injuries  received  or  disease 

contracted  while  in  the  United  States  service.1 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 

the  United  States  of  America  in  Congress  assembled,  That  all 

Totally  dis-  soldiers  and  sailors  who  are  now  receiving  a  pension  of  fifty 

see  sees.  4697,  dollars  per  month,  under  the  provisions  of  an  act  entitled 

4fiQR    -p     c  * 

"An  act  to  increase  the  pension  of  soldiers  and  sailors  who 
havebeen  to  tally  disabled,"  approved  June  eighteenth,  eight- 
een hundred  and  seventy-four,  shall  receive,  in  lieu  of  all 
pensions  now  paid  them  by  the  Government  of  the  United 
States,  and  there  shall  be  paid  them  in  the  same  manner  as 
pensions  are  now  paid  to  such  persons,  the  sum  of  seventy- 
two  dollars  per  month. 

is?!6  ^Ma?6'     SEC.  2.  All  pensioners  whose  pensions  shall  be  increased 
i878:  1?  June'by  the  provisions  of  this  act  from  fifty  dollars  per  month  to 
seventy-two  dollars  per  month  shall  be  paid  the  difference 
between  said  sums  monthly,  from  June  seventeenth,  eighteen 
hundred  and  seventy-eight,  to  the  time  of  the  taking  effect 
of  this  act. 
Approved,  June  16,  1880. 


Act  12    Feb.,  AN  ACT  to  increase  pensions  in  certain  cases. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  oj 
the  United  States  of  America  in  Congress  assembled,  That  from 
and  after  the  passage  of  this  act  all  persons  who,  in  the 
military  or  naval  service  of  the  United  States  and  in 
hands8  °f  b°th  tne  line  of  duty  kave> lost  both  nailds7  SQa11  be  entitled  to 


a  pedsion  of  one  hundred  dollars  per  month.2 
Approved,  February  12,  1889. 


1  Amends  Act  of  June  18,  1874. 

2  Amendatory  of  Rev.  Stat.,  Sec.  4698,  p.  25. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      19 

AN  ACT  to  increase  the  pensions  of  certain  soldiers  and  sailors  who  Act 4  Mar.,  1890. 
are  totally  helpless  from  injuries  received  or  diseases   contracted 
while  in  the  service  of  the  United  States.1 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
all  soldiers,  sailors,  and  marines  who  have  since  the  six- 
teenth day  of  June,  eighteen  hundred  and  eighty,  or  who 
may  hereafter  become  so  totally  and  permanently  helpless  Totally  ais- 
from  injuries  received  or  disease  contracted  in  the  service  ab 
and  line  of  duty  as  to  require  the  regular  personal  aid  and 
attendance  of  another  person,  or  who,  if  otherwise  entitled, 
were  excluded  from  the  provisions  of  "An  act  to  increase 
pensions  of  certain  pensioned  soldiers  and  sailors  who  are 
utterly  helpless  from  injuries  received  or  disease  contracted 
while  in  the  United  States  service,"  approved  June  six- 
teenth, eighteen  hundred  and  eighty,  shall  be  entitled  to 
receive  a  pension  at  the  rate  of  seventy- two  dollars  per 
month  from  the  date  of  the  passage  of  this  act  or  of  the 
certificate  of  the  examining  surgeon  or  board  of  surgeons 
showing  such  degree  of  disability  made  subsequent  to  the 
passage  of  this  act. 

Approved,  March  4,  1890. 


AN  ACT  to  amend  the  pension  laws  by  increasing  the  pensions  of  sol-    Act    3    Mar., 

diers  and  sailors  who  have  lost  an  arm  or  leg  in  the  service,  and  for        ' 

other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  from  increase  of  pen- 
and  after  the  passage  of  this  act  all  persons  on  the  pension-  and  sailors  who 
roll,  and  all  persons  hereafter  granted  a  pension,  who,  while  or  le 
in  the  military  or  naval  service  of  the  United  States,  and  in 
the  line  of  duty,  shall  have  lost  one  hand  or  one  foot,  or 
been  totally  or  permanently  disabled  in  the  same,  or  other- 
wise so  disabled  as  to  render  their  incapacity  to  perform 
manual  labor  equivalent  to  the  loss  of  a  hand  or  a  foot,  shall    Equivalent  in- 
receive  a  pension  of  twenty-four  dollars  per  month ;  that  all capacity> 
persons  now  on  the  pension-roll,  and  all  persons  hereafter 
granted  a  pension,  who  in  like  manner  shall  have  lost  either 
an  arm  at  or  above  the  elbow,  or  a  leg  at  or  above  the  knee.    LOSS   of  arm 

•ITIT  -,  ,-,  .  -1.1-11  above  elbow,  or 

or  shall  have  been  otherwise  so  disabled  as  to  be  incapaci.  leg  above  the 
tated  for  performing  any  manual  labor,  but  not  so  much  as  to 
require  regular  personal  aid  and  attendance,  shall  receive  a 

Amendment  of  Act  June  16,1880.  (See  p.  18.)  An  intermediate  rate  of  pension 
was  established  by  Act  of  July  14,  1892,  wherein  those  who  require  frequent  and 
periodical  aid  and  attendance  should  receive  $50  per  month.  (See  p.  27.) 


20      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

Proviso.  pension  of  thirty  dollars  per  month :  Provided,  That  nothing 
contained  in  this  act  shall  be  construed  to  repeal  section 

sec. 4699,  n.  s.  forty-six  hundred  and  ninety-nine  of  the  Revised  Statutes 
of  the  United  States,  or  to  change  the  rate  of  eighteen  dol- 
lars per  month  therein  mentioned  to  be  proportionately  di- 
vided for  any  degree  of  disability  established  for  which  sec- 
tion forty-six  hundred  and  ninety-five  makes  no  provision. 
Approved,  March  3,  1883. 


Act    3    Mar.,  AN  ACT  for  the  benefit  of  soldiers  and  sailors  who  have  lost  an  arm 

at  the  shoulder-joint. 

soldiers    and     Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
states.  the  United  States  of  America  in  Congress  assembled,  That  all 

after  for  loss  of  soldiers  and  sailors  of  the  United  States  who  have  had  an 

arm  at  shoulder-  ,,  „,.  , ,          .         ,  ,        .    .     ,  j    T_       •     •       • 

joint  to  bo  same  arm  taken  off  at  the  shoulder-joint,  caused  by  injuries  re- 
at  hip-joSt°f  Ieg  ceived  in  the  service  of  their  country  while  in  the  line  of 
duty,  and  who  are  now  receiving  pensions,  shall  have  their 
pensions  increased  to  the  same  amount  that  the  law  now 
gives  to  soldiers  and  sailors  who  have  lost  a  leg  at  the  hip- 
joint;  and  this  act  shall  apply  to  all  who  shall  be  hereafter 
placed  on  the  pension-roll. 
Approved,  March  3, 1885. 


i886Ct    *   Aug>'  AN  ACT  to  amend  the  pension  laws  by  increasing  the  pensions  of 
-  -  -         soldiers  and  sailors  who  have  lost  an  arm  or  leg  in  the  service. 


86C254an8d     ^e  ^  enacte^  ty  ^e  Senate  and  House  of  Representatives  of 
States  of  America  in  Congress  assembled,  That  from 


°2f  28tFebe'  is??5  au^  after  the  passage  of  this  act  all  persons  on  the  pension. 
17  June,  1878;  3  rolls,  and  all  persons  hereafter  granted  a  pension,  who,  while 
16  jiine,  1880;  3  in  the  military  or  naval  service  of  the  United  States  and  in 

Mar.  ,1883;  and  3  ,.  ,     ,,  ,  ,          .  , 

Mar.,  1885.        line  of  duty,  shall  have  lost  one  hand  or  one  foot,  or  been 


hand  totally  disabled  in  the  same,  shall  receive  a  pension  of  thi.  ty 
dollars  a  month  5  that  all  persons  now  on  the  pension-rolls, 
and  all  persons  hereafter  granted  a  pension,  who  in  like 
manner  shall  have  lost  either  an  arm  at  or  above  the  elbow 
or  a  leg  at  or  above  the  knee,  or  been  totally  disabled  in 
the  same,  shall  receive  a  pension  of  thirty-six  dollars  per 
month;  and  that  all  persons  now  on  the  pension-rolls,  and 
all  persons  hereafter  granted  a  pension  who  in  like  manner 
shall  have  lost  either  an  arm  at  the  shoulder  joint  or  a  leg 
at  the  hip-joint,  or  so  near  the  joint  as  to  prevent  the  use 
of  an  artificial  limb,  shall  receive  a  pension  at  the  rate  of 
Proviso.  forty  five  dollars  per  month  :  Provided,  That  nothing  con- 


LAWS   RELATING   TO    ARMY    AND    NAVY    PENSIONS.  21 

tained  iii  this  act  shall  be  construed  to  repeal  section  forty- 
six  hundred  and  ninety-nine  of  the  Revised  Statutes  of  the 
United  States,  or  to  change  the  rate  of  eighteen  dollars  per 
month  therein  mentioned  to  be  proportionately  divided  for 
any  degree  of  disability  established  for  which  section  forty- 
six  hundred  and  ninety-five  makes  no  provision. 
Approved,  August  4,  188G. 


AN  ACT  authorizing  an  increase  in  pensions  in  cases  of  deafness.         Act  27  Aug., 

Be  it  enacted  by  the  Senate  and  Souse  of  Representatives  ~ 
of  the  United  States  of  America  in  Congress  assembled,  That 
from  and  after  the  passage  of  this  act  all  persons  on  the  Deafness, 
pension  rolls  of  the  United  States,  or  who  may  hereafter 
be  thereon,  drawing  pension  on  account  of  loss  of  hearing, 
shall  be  entitled  to  receive  in  lieu  of  the  amount  now  paid 
in  case  of  such  disability,  the  sum  of  thirty  dollars,  in  cases 
of  total  deafness,  and  such  proportion  thereof  in  cases  of 
partial  deafness  as  the  Secretary  of  the  Interior  may  deem 
equitable ;  the  amount  paid  to  be  determined  by  the  degree 
of  disability  existing  in  each  case. 

Approved,  August  27,  1888. 


LAWS  IN  FORCE  RELATIVE  TO  THE  RATE  AND  COMMENCEMENT 
OF  INVALID  PENSIONS. 


SEC.  4695.  Rate  prescribed  for  total  disability. 

Act  3  Marcb,  1877.  Rate,  passed  assistant  engi- 
neers, assistant  engineers,  cadet 
engineers. 

Act  18  June,  1878.  Rate,  lieutenant-commanders 
in  Navy. 

SEC.  4696.  Rate  according  to  rank  held  at  time  dis- 
ability contracted. 

SEC.  4697.  Rate  and  commencement  in  case  of 
permanent  and  specific  disabilities 
subsequent  to  July  4,  1864,  and  prior 
to  June  3,  1872. 


SEC.  4698.  Rate  and  commencement  in  case  of 
permanent  and  specific  disabilities 
subsequent  to  June  4,  1872. 

Act  28  February,  1877.  Rate,  $36  per  month ;  loss 
of  arm  and  leg. 

Act3  March,  1879.    Amputation  of  leg  at  hip  joint. 

SEC.  4699.  Proportionate  rate,  $18  per  month. 

SEC.  4712.  Provisions  of  former  acts  extended. 

Act  12  February,  1889.    Rate,  $100  per  month. 

Act  4  March,  1890.    Rate,  $72  per  month. 

Act  14  July,  1892.  Intermediate  rate  between  $30 
and  $72. 


-Rate  of  pension     gEc.  4695.  The  pension  for  total  disability  shall  be  as 

prescribed  for 

totaidisabiiities.  follows,  namely:  For  lieutenant-colonel  and  all  officers  of 
Sec.  2,  3  Mar.,  higher  rank  in  the  military  service  and  in  the  Marine  Corps, 

1873;    Sec.   1,   14  ,      ,,        *;  „  _  .     , 

July,  1862.  and  for  captain  and  all  officers  of  higher  rank,  commander, 
surgeon,  paymaster,  and  chief  engineer,  respectively  rank- 
ing with  commander  by  law,  lieutenant  commanding  and 
master  commanding,  in  the  naval  service,  thirty  dollars  per 
month;  for  major  in  the  military  service  and  in  the  Marine 
Corps,  and  lieutenant,  surgeon,  paymaster,  and  chief  engi- 
neer, respectively  ranking  with  lieutenant  by  law,  and  passed 
assistant  surgeon  in  the  naval  service,  twenty-five  dollars 
per  month;  for  captain  in  the  military  service  and  in  the 
Marine  Corps,  chaplain  in  the  Army,  and  provost-marshal, 
Enrolling  offi-  professor  of  mathematics,  master,  assistant  surgeon,  assist- 
depiity°Vprovost  ant  paymaster,  and  chaplain  in  the  naval  service,  twenty 
marshaL  dollars  per  month;  for  first  lieutenant  in  the  military  serv- 


f  ^  July'  ice  and  in  the  Marine  Corps,  acting  assistant  or  contract 
g<£nntract  8ur"  surgeon,  and  deputy  provost-marshal,  seventeen  dollars  per 
sec.  2,  3  Mar.,  month;  for  second  lieutenant  in  the  military  service  and  in 
the  Marine  Corps,  first  assistant  engineer,  ensign,  and  pilot 
in  the  naval  service,  and  enrolling-officer,  fifteen  dollars  per 
month;  for  cadet-midshipman,  passed  midshipman,  mid- 
shipmen, clerks  of  admirals,  and  paymasters,  and  of  other 
officers  commanding  vessels,  second  and  third  assistant 
engineer,  master's  mate,  and  all  warrant-officers  in  the  naval 
service,  ten  dollars  per  month  ;  and  for  all  other  persons, 
whose  rank  or  office  is  not  mentioned  in  this  section,  eight 


LAWS   RELATING   TO   ARMY   AND   NAVY  PENSIONS.  23 

dollars  per  month;  and  the  masters,  pilots,  engineers,  sail- . 
ors,  and  crews  upon  the  gunboats  and  war- vessels  shall  be 
entitled  to  receive  the  pension  allowed  herein  to  those  of 
like  rank  in  the  naval  service. 


The  above  section  amended  by  the  following  Acts,  approved 
March  3,  1877j  and  June  18,  1878,  and  also  by  Section  2  of 
the  Act  approved  March  3,  1873. 

AN  ACT  equalizing  pensions  of  certain  officers  in  the  Navy.  Act    3    Mar., 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of   see  K.  s.,  Sec". 
the  United  States  of  America  in  Congress  assembled,  That  from  46p5as8ed 
and  after  the  passage  of  this  act,  the  pension  for  total  dis 
ability  of  passed  assistant  engineers,  assistant  engineers, 
and  cadet  engineers  in  the  naval  service,  respectively,  shall 
be  the  same  as  the  pensions  allowed  to  officers  of  the  line  in 
the  naval  service  with  whom  they  have  relative  rank;  and  . 
that  all  acts  or  parts  of  acts,  inconsistent  herewith  be,  and 
are  hereby,  repealed. 

Approved,  March  3, 1877. 


AN  ACT  to  amend  section  4695  of  the  Revised  Statutes  of  the  United    Act  18    June, 

States.  — 

See  R.  S.,  Sec. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  o/4695- 
Hi  e  United  States  of  America  in  Congress  assembled,  That  from    Lieutenant- 
and  after  July  sixteenth,  eighteen  hundred  and  sixty-two,     ™an< 
pensions  granted  to  lieutenant  commanders  in  the  Navy  for 
disability,  or  on  account  of  their  death,  shall  be  the  same 
as  theretofore  provided  for  lieutenants-commanding. 

Approved  June  18,  1878. 


SEO.  4696.  Every  commissioned  officer  of  the  Army,  Navy, 
or  Marine  Corps  shall  receive  such  and  only  such  pension  as  i«s  to  rank  held 

at  time  disability 

is  provided  in  the  preceding  section  for  the  rank  he  held  at  was  contracted, 
the  time  he  received  the  injury  or  contracted  the  disease  sec.  2, 3  Mar., 
which  resulted  in  the  disability  on  account  of  which  he  may  see  sec.  i,  u 

,,.,,,,  .  ,      J  July,  1862. 

be  entitled  to  a  pension ;  and  any  commission  or  presiden- 
tial appointment,  regularly  issued  to  such  person,  shall  b6^^^881^^ 
taken  to  determine  his  rank  from  and  after  the  date,  as  given  from  _and  _after 
in  the  body  of  the  commission  or  appointment  conferring  body  of  the  corn- 
said  rank :  Provided,  That  a  vacancy  existed  in  the  rank  —    — 

thereby  conferred;  that  the  person  commissioned  was  notisee. 
disabled  for  military  duty;  and  that  he  did  not  willfully 
neglect  or  refuse  to  be  mustered. 


24  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

Rate  and  com-     gEC>  4697.  For  the  period  commencing  July  fourth,  eight- 


meucement  of" 


pension  for  per-  eeii  hundred  and  sixty-four,  and  ending  June  third,  eighteen 

mauent  and  spe- 
cific disabilities  hundred  and  seventy-two,  those  persons  entitled  to  a  less 

subsequent  to 

4  July,  1864,  and  pension  than  hereinafter  mentioned,  who  shall  have  lost  both 

61  feet  in  the  military  or  naval  service  and  in  the  line  of  duty, 

S.T.  3.  3  Mar.,  shall  be  entitled  to  a  pension  of  twenty  dollars  per  month; 

1873;     Sec.    5,    4  .  *  . 

.Tuiy.  1864;  Sec.  for  the  same  period  those  persons  who,  under  like  circuiu 
stances,  shall  have  lost  both  hands  or  the  sight  of  both  eyes, 
shall  be  entitled  to  a  pension  of  twenty-five  dollars  per 
month;  and  for  the  period  commencing  March  third,  eight- 
een hundred  and  sixty-five,  and  ending  June  third,  eighteen 
hundred  and  seventy-two,  those  persons  who  under  like  cir- 
ror  loss  of  hand  cum  stances  shall  have  lost  one  hand  and  one  foot  shall  be 

2? Feb^is??6. Acfc entitled  to  a  pension  of  twenty  dollars  per  month;  and  for 

the  period  commencing  June  sixth,  eighteen  hundred  and 

sixty-six,  and  ending  June  third,  eighteen  hundred  and  sev- 

For  loss  of  both  enty-two,  those  persons  who  under  like  circumstances  shall 

or  both  feet,  see  have  lost  one  hand  or  one  foot  shall  be  entitled  to  a  pension 

Act  17  June,  1878,  . 

and 3 Mar.,  1879.  of  fifteen  dollars  per  month;  and  for  the  period  commenc- 

tated'atlfipjoEit.iiig  June  sixth,  eighteen  hundred  and  sixty-six,  and  ending 

mo  Ac         r''  June  third,  eighteen  hundred  and  seventy-two,  those  persons 

low?' lf  6    ine>  entitled  to  a  less  pension  than  hereinafter  mentioned,  who 

by  reason  of  injury  received  or  disease  contracted  in  the 

military  or  naval  service  of  the  United  States  and  in  the 

lineof  duty  shall  have  been  permanently  and  totally  disabled 

in  both  hands,  or  who  shall  have  lost  the  sight  of  one  eye, 

Sec.  12, 27  Jniy,  the  other  having  been  previously  lost,  or  who  shall  have  been 

18As  to  total  and  otherwise  so  totally  and  permanently  disabled  as  to  render 

TeT^nTs^^ethein  utterly  helpless,  or  so  nearly  so  as  to  require  regular 

i S June" i874^md  Personal  aid  and  attendance  of  another  person,  shall  be 

16Seene8ec8°i   6  eiltitled  to  a  pension  of  twenty-five  dollars  per  month;  and 

June.  1866;  sec.  for  the  same  period  those  who  under  like  circumstances 

5,  25  July,  1886. 

shall  have  been  totally  and  permanently  disabled  in  both 
feet  or  in  one  hand  and  one  foot,  or  otherwise  so  disabled  as 
to  be  incapacitated  for  the  performance  of  any  manual  labor, 
but  not  so  much  as  to  require  regular  personal  aid  and 
attention,  shall  be  entitled  to  a  pension  of  twenty  dollars 
per  month;  and  for  the  same  period  all  persons  who  under 
like  circumstances  shall  have  been  totally  and  permanently 
disabled  in  one  hand  or  one  foot,  or  otherwise  so  disabled 
as  to  render  their  inability  to  perform  manual  labor  equiva- 
lent to  the  loss  of  a  hand  or  foot,  shall  be  entitled  to  a 
pension  of  fifteen  dollars  per  month. 

(See  Act  of  June  16,  1880,  p.  18;  and  Act  of  March  4, 
1890,  p.  19.) 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  25 


SEC.  4698.  From  and  after  June  fourth,  eighteen,  hundred 
d  seventy- two,  all  persons  entitled  by  law  to  a  less  Pen-^f^J^d  ?p£ 
n  than  hereinafter  specified,  who  while  in  the  military  or  cmo^di^abiiuies 
val  service  of  the  United  States,  and  in  line  of  duty,  June,  isra. 
all  have  lost  the  sight  of  both  eyes,  or  shall  have  lost  the 
ght  of  one  eye,  the  sight  of  the  other  having  been  pre- 
>usly  lost,  or  shall  have  lost  both  hands,  or  shall  have  lost 
th  feet,  or  been  permanently  and  totally  disabled  in  the 
me,  or  otherwise  so  permanently  and  totally  disabled  as 
render  them  utterly  helpless,  or  so  nearly  so  as  to  require 
e  regular  personal  aid  and  attendance  of  another  person,  peraauent'heip- 
all  be  entitled  to  a  pension  of  thirty-one  dollars  and  Aect8ni88June? 
enty-five  cents  per  month;  and  all  persons  who,  under  Jg8o!and1' 
e  circumstances,  shall  have  lost  one  hand  and  one  foot,    For  loss  of  hand 

'  aiidfoot,  see  Acts 

been  totally  and  permanently  disabled  in  the  same,  or  28  Feb.,  is??,  and 

4  Aug.,  1886. 

herwise  so  disabled  as  to  be  incapacitated  for  performing 
y  manual  labor,  but  not  so  much  as  to  require  regular 
rsonal  aid  and  attendance,  shall  be  entitled  to  a  pension 
twenty-four  dollars  per  month;  and  all  persons  who  un- 
r  like  circumstances,  shall  have  lost  one  hand,  or  one  foot, 
been  totally  and  permanently  disabled  in  the  same,  or 
aerwise  so  disabled  as  to  render  their  incapacity  to  per- 

rm  manual  labor  equivalent  to  the  loss  of  a  hand  or  foot, 


all  be  entitled  to  a  pension  of  eighteen  dollars  per  month  :  ^®9Act  3  Mnr-« 
rovided,  That  all  persons  who,  under  like  circumstances, 
ve  lost  a  leg  above  the  knee,  and  in  consequence  thereof   sec.  4,  3  Mar., 
e  so  disabled  that  they  cannot  use  artificial  limbs,  shall 
rated  in  the  second  class  and  receive  twenty-four  dollars 
r  month  from  and  after  June  fourth,  eighteen  hundred 
id  seventy  -two;  and  all  persons  who,  under  like  circum-    For  deafness, 
ances,  shall  have  lost  the  hearing  of  both  ears  shall  be  i888Act27Aug'' 
titled  to  a  pension  of  thirteen  dollars  per  month  from  the 
me  date  :  Provided,  That  the  pension  for  a  disability  not 
rmanent,  equivalent  in  degree  to  any  provided  for  in  this  18f|c-  4)  3  Mar- 
jction,  shall,  during  the  continuance  of  the  disability  in 
ch  degree,  be  at  the  same  rate  as  that  herein  provided  for 
permanent  disability  of  like  degree. 
The  above  section  amended  by  the  following  Acts  approved 
sbruary  28,  1877,  and  March  3,  1879.  (See  footnotes  also.)1 

Amended  by  Acts  of  June  18,  1874  (2);  June  17,  1878;  June  16,  1880;  March  3, 
83;  March  3,  1885;  August  4,  1886;  August  27,  1888,  and  February  12,  1889. 


26      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

lg^ct    28    Feb-  AN  ACT  to  allow  a  pension  of  thirty-six  dollars  per  month  to  soldiers 

who  have  lost  both  an  arm  and  a  leg. 


4tJf  Vis8'  4697>  ^e  ^  enactea  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  all 
persons  who,  while  in  the  military  or  naval  service  of  the 
hand  ^Tnite(1  States,  and  in  the  line  of  duty,  shall  have  lost  oue; 
hand  and  one  foot,  or  been  totally  and  permanently  disabled, 
in  both,  shall  be  entitled  to  a  pension  for  each  of  such  dis- 
abilities, and  at  such  a  rate  as  is  provided  for  by  the  provi- 
sions of  the  existing  laws  for  each  disability  :  Provided,  That 
this  act  shall  not  be  so  construed  as  to  reduce  pensions  in 
any  case. 
Approved,  February  28,  1877. 


Act    3    Mar.,  AN  ACT  for  the  relief  of  certain  pensioners. 

1879. 


see  sees.  4697,     Be  it  enacted  by  the  Senate  and  House  of  Representatives  oj\ 

the  United  States  of  America  in  Congress  assembled.  That  all 

pensioners  now  on  the  pension-rolls,  or  who  may  hereafter  be! 

aifwp  jofnt°nleg  placed  thereon,  for  amputation  of  either  leg  at  the  hip  joint. 

shall  receive  a  pension  at  the  rate  of  thirty-seven  dollars 

and  fifty  cents  per  month  from  the  date  of  the  approval  ol| 

this  act. 

Approved,  March  3,  1879. 


SEC-  4699-  The  rate  of  eighteen  dollars  per  month  may 
sec  s  3  Mar  proportionately  divided  for  any  degree  of  disability  estab] 
73.  lished  for  which  section  forty-  six  hundred  and  ninety-fir 

makes  no  provision. 

exf     !  SEC-  4712-  The  provisions  of  this  Title  in  respect  to  th< 
rates  of  pension  to  persons  whose  right  accrued  since  th 


i8?3C'  sec3  3*&25  ^our^Q  day  °^  March,  eighteen  hundred  and  sixty-one,  ar» 
July,  1866;  'sec.  extended  to  pensioners  whose  right  to  pension  accruec 

13,  27  July,  1868.  , 

see  amend-  under  general  acts  passed  since  the  war  of  the  Revolutioi 
1880.  '  '         e'  and  prior  to  the  fourth  day  of  March,  eighteen  hundred 

sixty-one,  to  take  effect  from  and  after  the  twenty-fifth  ds 
of  July,  eighteen  hundred  and  sixty-six;  and  the  widows  ol 
revolutionary  soldiers  and  sailors  receiving  a  less  sum  shal 
be  paid  at  the  rate  of  eight  dollars  per  month  from  and  at'te 
the  twenty-seventh  day  of  July,  eighteen  hundred  am| 
sixty-eight. 

1  Amended  by  act  of  June  9,  1880.    (See  p.  12.) 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      27 

N  ACT  to  establish  an  intermediate  rate  of  pension  between  thirty     Act    14   July, 
dollars  and  seventy- two  dollars  per  month. 

-  Be  it  enacted  by  the  Senate  and  House  of  Representatives  °/bl^otally  disa" 
ne  United  States  of  America  in  Congress  assembled*  That ,  Tiiose  reqnir- 

|A|  ing  frequent  and 

Joldiers  and  sailors  who  are  shown  to  be  totally  incapaci-  periodical  aideu- 
ated  for  performing  manual  labor  by  reason  of  injuries 
aceived  or  disease  contracted  in  the  service  of  the  United 
tates  and  in  line  of  duty,  and  who  are  thereby  disabled 
p  such  a  degree  as  to  require  frequent  and  periodical, 
*  pough  not  regular  and  constant,  personal  aid  and  attend- 
nce  of  another  person,  shall  be  entitled  to  receive  a  pen- 
lion  of  fifty  dollars  per  month  from  and  after  the  date  of 
tie  certificate  of  the  examining  surgeon  or  board  of  exam- 
ling  surgeons  showing  such  degree  of  disability,  and  made 
(iibsequent  to  the  passage  of  this  act. 
Approved,  July  14,  1892. 

(See  Act  March  6,  1896,  p.  95,  fixing  date  of  commence- 
\wnt  in  claims  under  Act  of  June  27 ',  1890,  rejected,  sus- 
pended, or  dismissed.) 


TABLE   OF   RATES. 


RATINGS  NOW  IN  FORCE  FOR  DISABILITIES  INCURRED 
THE   MILITARY   OR  NAVAL    SERVICE    AND   IN   LINE 
DUTY. 


TABLE  I. 

For  simple  iotal  (a  disability  equivalent  to  the  anchylosis  of  a  wrist)  provided  by  Section 
4695,  Revised  Statutes,  United  States. 

ARMY. 

Per  month. 

Lieutenant-colonel  and  all  officers  of  higher  rank $30.  00 

Major,  surgeon,  and  paymaster 25.  00 

Captain,  provost-marshal,  and  chaplain 20.  0( 

First  lieutenant,  assistant  surgeon,  deputy  provost-marshal,  and  quarter- 
master   17. 00 

Second  lieutenant  and  enrolling  officer 15.  01 

All  enlisted  men 8.00 

NAVY  AND   MARINE    CORPS. 

Captain,  and  all  officers  of  higher  rank,  commander,  lieutenant  commanding, 
and  master  commanding,  surgeon,  paymaster,  and  chief  engineer  ranking 
with  commander  by  law,  lieutenant-colonel,  and  all  of  higher  rank  in 
Marine  Corps 30.  00 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster  and  chief  engineer 

ranking  with  lieutenant  by  law,  and  major  in  Marine  Corps 25.  0( 

Master,  professor  of  mathematics,  assistant  surgeon,  paymaster,  and  chap- 
lain, and  captain  in  Marino  Corps 20.  0( 

First  lieutenant  in  Marino  Corps 17, 0( 

First  assistant  engineer,  ensign,  and  pilot,  and  second  lieutenant  in  Marine 
Corps 15.00 

Cadet  midshipmen,  passed  midshipmen,  midshipmen,  clerks  of  admirals,  of 
paymasters,  and  of  officers  commanding  vessels,  second  and  third  assistant 
engineers,  master's  mate,  and  warrant  officers 10.  0( 

All  enlisted  men,  except  warrant  officers 8. 0( 

TABLE  II. 

Hates  and  disabilities  specified  by  law. 

Loss  of  both  hands $100.00 

Total  disability  in  both  hands 72. 00 

Loss  of  both  feet 72.00 

Loss  of  both  eyes 72.00 

Loss  of  an  eye,  the  other  lost  before  enlistment 72.  OC 

Regular  aid  and  attendance  (first  grade) 72. 00 


LAWS   RELATING   TO   ARMY   AND   NAVY   PENSIONS.  29 

Per  month. 

equent  aid  and  attendance $50. 00 

nputation  at  shoulder  or  liip  joint,  or  so  near  joint  as  to  prevent  use  of  arti- 
ficial limb 45. 00 

tal  disability  of  arm  or  leg -. 36. 00 

>ss  of  one  hand  and  one  foot 36. 00 

tal  disability  in  one  hand  and  one  foot 36. 00 

nputation  at  or  above  elbow  or  knee 36. 00 

>ss  of  a  hand  or  afoot 30.00 

tal  disability  of  one  hand  or  one  foot 30. 00 

ability  to  perform  manual  labor  (second  grade) 30. 00 

tal  deafness -• 30. 00 

sability  equivalent  to  loss  of  hand  or  foot  (third  grade) 24. 00 

TABLE  III. 

itcs  fixed  by  the  Commissioner  of  Pensions  for  certain  disabilities  not  specified  ly  law. 

chylosis  of  shoulder $12.00 

chylosis  of  elbow 10. 00 

chylosis  of  knee 10.  00 

ichylosis  of  ankle 8. 00 

chylosis  of  wrist 8.00 

>ss  of  sight  of  one  eye , 12.  00 

)ss  of  one  eye 17. 00 

arly  total  deafness  of  one  ear 6. 00 

tal  deafness  of  one  ear 10. 00 

ght  deafness  of  both  ears 6. 00 

vere  deafness  of  one  ear  and  slight  of  the  other 10. 00 

arly  total  deafness  of  one  ear  and  slight  of  the  other 15. 00 

tal  deafness  of  one  ear  and  slight  of  the  other 20. 00 

vere  deafness  of  both  ears 22. 00 

tal  deafness  of  one  ear  and  severe  of  the  other 25. 00 

jafness  of  both  ears  existing  in  a  degree  nearly  total 27. 00 

ss  of  palm  of  hand  and  all  the  fingers,  the  thumb  remaining 17. 00 

ss  of  thumb,  index,  middle,  and  ring  fingers 17.  00 

ss  of  thumb,  index,  and  middle  fingers 16. 00 

ss  of  thumb  and  index  finger 12. 00 

88  of  thumb  and  little  finger 10.00 

ss  of  thumb,  index,  and  little  fingers 16. 00 

)ss  of  thumb 8. 00 

ss  of  thumb  and  metacarpal  bone 12. 00 

>ss  of  all  the  fingers,  thumb  and  palm  remaining 16.  00 

)ss  of  index,  middle,  and  ring  fingers 16.00 

)ss  of  middle,  ring,  and  little  fingers 14. 00 

)ss  of  index  and  middle  fingers 8. 00 

)ss  of  little  and  middle  fingers 8.00 

>ss  of  little  and  ring  fingers 6. 00 

3ss  of  ring  and  middle  fingers 6. 00 

388  of  index  and  little  fingers 6.00 

588  of  index  finger 4. 00 

ass  of  any  other  finger  without  complications 2. 00 

388  of  all  the  toes  of  one  foot 10. 00 

ass  of  great,  second,  and  third  toes 8. 00 

3ss  of  great  toe  and  metatarsal 8. 00 

388  of  great  and  second  toes 8. 00 

)ss  of  great  toe 6.00 


30      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

Per  month 

Loss  of  any  other  toe  and  metatarsal $6.00 

Loss  of  any  other  toe 2.00 

Chopart's  amputation  of  foot,  with  good  results 14.  0( 

PirogofFs  modification  of  Syme's 17. 00 

Small  varicocele 2. 0 

Well-marked  varicocele 4. 00 

Inguinal  hernia,  which  passes  "through  the  external  ring 10.  0 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring 6.  0 

Double  inguinal  hernia,  each  of  which  passes  through  the  external  ring 14.  0( 

Double  inguinal  hernia,  one  of  which  passes  through  the  external  ring  and 

the  other  does  not.'. 12.00 

Double  inguinal  hernia,  neither  of  which  passes  through  the  external  ring..  8. 0 

Femoral  hernia ." 10. 0 

NOTE. — Section  4699,  Revised  Statutes,  provides  that  the  rate  of  eighteen  dollar 
per  month  may  be  proportionately  divided  for  any  degree  of  disability  establishe( 
for  which  section  forty-six  hundred  and  ninety -five  makes  no  provision,  thus  fixing 
the  highest  rating  provided  by  existing  laws  which  can  be  allowed  by  considerin 
disabilities  separately  and  compounding  so  as  to  allow  the  full  amount  which  th 
disabilities,  so  considered,  would  aggregate. 

The  act  of  March  2,  1895,  provides  that  all  pensioners  now  on  the  rolls,  who  are 
pensioned  at  less  than  six  dollars  per  month,  for  any  degree  of  pensionable  disabi] 
ity,  shall  have  their  pensions  increased  to  six  dollars  per  month  ;  and  that,  here- 
after, whenever  any  applicant  for  pension  would,  under  existing  rates,  be  entitle 
to  less  than  six  dollars  for  any  single  disability  or  several  combined  disabilities 
such  pensioner  shall  be  rated  at  not  less  than  six  dollars  per  month:  Provided,  also 
That  the  provisions  hereof  shall  not  be  held  to  cover  any  pensionable  period  prio 
to  the  passage  of  this  act,  nor  authorize  a  rerating  of  any  claim  for  any  part 
such  period,  nor  prevent  the  allowance  of  lower  rates  than  six  dollars  per  month, 
according  to  the  existing  practice  in  the  Pension  Office  in  pending  cases  coverin 
any  pensionable  period  prior  to  the  passage  of  this  act. 

WIDOWS. 

The  widow  of  a  soldier  or  sailor  who  died  of  a  disability  incurred  while  in  th 
service  and  in  line  of  duty  is,  under  the  provisions  of  section  4702,  entitled  to  th 
rating  to  which  he  would  have  been  entitled  for  a  simple  total  disability,  as  showi 
in  Table  I,  and,  under  the  provisions  of  section  4696,  Revised  Statutes,  the  rank  o 
the  soldier  is  determined  by  the  rank  held  by  him  when  death  cause  was  incurred 
without  regard  to  subsequent  promotions. 

From  and  after  March  19,  1886,  by  the  act  approved  on  that  date,  the  widow  of 
private  or  noncommissioned  officer  is  entitled  to  $12  per  month,  provided  that  sh 
married  deceased  soldier  or  sailor  prior  to  March  19,  1886,  or  thereafter  married  hin 
prior  to  or  during  his  term  of  service. 

WIDOW'S   INCREASE. 

From  and  after  July  25,  1866,  a  widow  is  entitled  to  $2  per  month  increase  fo 
each  legitimate  minor  child  of  the  soldier  or  sailor  in  her  care  and  custody. 

MINORS'  PENSION. 

Same  rates  and  increase  as  in  widows'  claims,  except  that  in  cases  of  children  d 
fathers  below  the  rank  of  a  commissioned  officer,  the  rate  is  increased  to  $12  pe 
month  from  March  19,  1886,  without  regard  to  date  of  soldier's  or  sailor's  marriage 

MOTHERS,   FATHERS,   AND  BROTHERS  AND  SISTERS. 

Same  rates  as  provided  in  minors'  and  widows'  claims  in  cases  of  commission^ 
officers,  and  $8  per  month  to  March  19,  1886,  and  $12  thereafter  in  other  cases. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      31 

5NSIONS   BASED   UPON    SERVICE    PERFORMED    SINCE    MARCH  4,    1861.      ACT   OP  JUNE 

27,  1890. 

Per  month. 

irvivors , $6. 00  to  $12. 00 

ridows  and  minors 8. 00 

To  widows'  and  minors'  rate  add  $2  per  month  increase  for  each  legitimate 
inor  child  of  soldier  or  sailor  under  the  age  of  16. 

ACT  OF  AUGUST  5,    1892. 

emale  nurses $12. 00 

ACT  OP   MARCH   2,    1867  (NAVY   ONLY). 

For  twenty  years'  naval  service  entitled  to  one-half  the  pay  he  was  receiving  at 

ite  of  discharge. 

Ten  years'  service;  whatever  rate  may  be  allowed  by  a  board  of  officers  appointed 

f  the  Secretary  of  the  Navy,  not  to  exceed  rate  for  total  disability. 

If  in  addition  to  service  pension  sailor  is  pensioned  for  disability,  the  service 

msion  covering  the  same  time  shall  not  exceed  one-fourth  the  rate  allowed  for 

lability. 

NOTE. — Claims  under  this  act  should  be  filed  with  the  Secretary  of  the  Navy. 

PENSIONS   BASED   UPON   SERVICE   PERFORMED   PRIOR  TO   MARCH   4,    1861. 

Evolutionary  war. 

There  are  no  survivors  of  this  war. 

idows,  from  March  9,  1878,  $8,  and  from  March  19,  1886 $12.00 

War  of  1812. 

lections  4736  and  4740,  Revised  Statutes,  and  acts  of  March  9,  1878,  and 

March  19,  1886.) 

irvivors $8. 00 

'idows,  from  March  9,  1878,  $8,  and  from  March  19,  1886 12. 00 

Indian  wars,  from  1832  to  1842  (act  of  July  27,  1892}. 

irvivors $8. 00 

'idows 8. 00 

Mexican  icar  (act  of  January  29,  1887}. 

irvivors $8,00 

Act  of  January  5,  1893,  provides,  under  certain  conditions,  for  increase  of 

survivors' pension  only  to 12.00 

ridows 8.00 

IOVIDING  A  MINIMUM   RATE   OF  $6    FOR  ALL   INVALID   PENSIONS.      SEE   ACT  MARCH" 

2,  1895,  P.  94. 


LAWS  GRANTING  ARREARS  OF  PENSION. 


SEC.  <TO9.lifcpe.fcd. 

SEC.  4710./ 

SEC.  4711.  Arrears,  to  whom  paid ;  no  fee  due. 

SEC.  4717.  Repealed. 

Act  25  January,  1879.    Commencement;  date  of 

death  or  discharge  from  service  of  United 

States. 


Act  3  March,  1879.  Rate,  graded  according  t( 
degree  of  disability;  commencement  of 
arrears. 

SEC.  4709.  Repealed. 


SEC.  4709.  Repealed  by  Acts  of  January  25  and  March 
1879.     (See  p.  33.) 

SEC.  4710.  Repealed  by  Acts  of  January  25  and  March  3\ 
1879,     (See  p.  33.) 


Arrears  of  pen 

sions. 


1873. 


SEC.  4711.  It  shall  be  the.  duty  of  the  Commissioner  ol 
Sec  i?  s  Mar.  Pensions,  upon  any  application  by  letter  or  otherwise  by  01 
on  behalf  of  any  pensioner  entitled  to  arrears  of  pension 
g»d  under  section  forty-seven  hundred  and  nine,  or  if  any  sucl 
pensioner  has  died,  upon  a  similar  application  by  or  on  be[ 
half  of  any  person  entitled  to  receive  the  accrued  pension 
due  such  pensioner  at  his  death,  to  pay  or  cause  to  be  pai< 
to  such  pensioner,  or  other  person,  all  such  arrears  of  pen] 
sion  as  the  pensioner  may  be  entitled  to,  or,  if  dead,  woul< 
have  been  entitled  to  under  the  provisions  of  that  sectioi 
tomeyefoJUmaak- na(l  ne  survived;  and  no  claim-agent  or  other  person  shj 
fof arrSu-sicati°n  ^e  entitled  to  receive  any  compensation  for  services 
making  application  for  arrears  of  pensions. 

SEC.  4717.  Repealed  by  Section  5,  Act  of  January  25, 187$ 
(See  p.  33.) 


Act 
1879. 


25    Jan. 


, 


AN  ACT  to  provide  that  all  pensions  on  account  of  death,  or  woun 
received,  or  disease  contracted  in  the  service  of  the  United  State 
during  the  late  war  of  the  rebellion,  which  have  been  granted,  o 
which  shall  hereafter  be  granted,  shall  commence  from  the  date  o 
death  or  discharge  from  the  service  of  the  United  States,  for  the  pay 
ment  of  arrears  of  pensions,  and  other  purposes. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  o 
the  United  States  of  America  in  Congress  assembled,  That  alj 
pensions  which  have  been  granted  under  the  general 
regulating  pensions,  or  may  hereafter  be  granted,  in  cons 
quence  of  death  from  a  cause  which  originated  in  the  United 
States  service  during  the  continuance  of  the  late  war  of  th< 


LAWS    RELATING    TO   ARMY    AND    NAVY    PENSIONS.  35 

rebellion,  or  in  consequence  of  wounds,  injuries,  or  disease 
received  or  contracted  in  said  service  during  said  war  of  the 
rebellion,  shall  commence  from  the  date  of  the  death  or  dis- 
charge from  said  service  of  the  persou  on  whose  account  the 
claim  has  been  or  shall  hereafter  be  granted,  or  from  the 
termination  of  the  right  of  the  party  having  prior  title  to 
such  pension :  Provided,  The  rate  of  pension  for  the  inter- 
vening time  for  which  arrears  of  pension  are  hereby  granted 
shall  be  the  same  per  month  for  which  the  pension  was 
originally  granted. 

SEC.  2.  That  the  Commissioner  of  Pensions  is  hereby 
authorized  and  directed  to  adopt  such  rules  and  regulations 
for  the  payment  of  the  arrears  of  pensions  hereby  granted  as 
will  be  necessary  to  cause  to  be  paid  to  such  pensioner ,  or,  if 
the  pensioner  shall  have  died,  to  the  person  or  persons  en- 
titled to  the  same,  all  such  arrears  of  pension  as  the  pen- 
sioner may  be,  or  would  have  been,  entitled  to  under  this  Act. 

SEC.  3.  That  section  forty-seven  hundred  and  seventeen    Sec.47i7,  R.S., 

r6D6al6tl 

of  the  Kevised  Statutes  of  the  United  States,  which  pro 
vides  that  u  no  claim  for  pension  not  prosecuted  to  a  suc- 
cessful issue  within  five  years  from  the  date  of  filing  the 
same  shall  be  admitted  without  record  evidence  from  the 
War  or  Navy  Department  of  the  injury  or  the  disease  which 
resulted  in  the  disability  or  death  of  the  person  on  whose 
account  the  claim  is  made:  Provided,  That  in  any  case  in 
which  the  limitation  prescribed  by  this  section  bars  the 
further  prosecution  of  the  claim,  the  claimant  may  present^ 
through  the  Pension  Office,  to  the  Adjutant-General  of  the 
Army  or  the  Surgeon- General  of  the  Navy,  evidence  that 
bhe  disease  or  injury  which  resulted  in  the  disability  or 
ieath  of  the  person  on  whose  account  the  claim  is  made 
originated  in  the  service  and  in  the  line  of  duty;  and  if 
such  evidence  is  deemed  satisfactory  by  the  officer  to  whom 
it  may  be  submitted,  he  shall  cause  a  record  of  the  fact  so 
proved  to  be  made,  and  a  copy  of  the  same  to  be  trans- 
mitted to  the  Commissioner  of  Pensions,  and  the  bar  to  the 
prosecution  of  the  claims  shall  thereby  be  removed,"  be, 
ind  the  same  is  hereby,  repealed. 

SEC.  4.  No  claim-agent  or  other  person  shall  be  entitled  47^e47s8^c^  4J68- 
to  receive  any  compensation  for  services  in  making  appli- 
cation for  arrears  of  pension. 

SEC.  5.  That  all  acts  or  parts  of  acts  so  far  as  they  may 
conflict  with  the  provisions  of  this  Act,  be,  and  the  same 
are  hereby,  repealed. 

Approved,  January  25,  1879. 

(See  Rev.  Stat.,  Sec.  4709,  now  repealed.) 
5323—02 3 


34  LAWS    RELATING    TO   ARMY    AND    NAVY    PENSIONS. 

1879°'*  3  Mar>1      The  following  provisions  icere  enacted  as  a  portion  of  the 
—  Act  making  appropriations  for  the  payment  of  the  arrears  of 
pensions,  approved  March  3,  1879  : 

*###*** 

That  the  rate  at  which  the  arrears  of  invalid  pensions 
shall  be  allowed  and  computed  in  the  cases  which  have 
been  or  shall  hereafter  be  allowed,  shall  be  graded  accord- 
ing to  the  degree  of  the  pensioner's  disability  from  time  to 
time,  and  the  provisions  of  the  pension  laws  in  force  over 
the  period  for  which  the  arrears  shall  be  computed. 

That  section  one  of  the  Act  of  January  twenty-fifth, 
eighteen  hundred  and  seventy-nine,  granting  arrears  of 
pensions,  shall  be  construed  to  extend  to  and  include  pen- 
sions on  account  of  soldiers  who  were  enlisted  or  drafted 
for  the  service  in  the  war  of  the  rebellion,  but  died  or 
incurred  disability  from  a  cause  originating  after  the  ces- 
sation of  hostilities,  and  before  being  mustered  out:  Pro- 
vided, That  in  no  case  shall  arrears  of  pensions  be  allowed 
and  paid  from  a  time  prior  to  the  date  of  actual  disability. 

SEC.  2.  All  pensions  which  have  been,  or  which  may  here- 
after be,  granted  in  consequence  of  death  occurring  from 
cause  which  originated  in  the  service  since  the  fourth  day 
of  March,  eighteen  hundred  and  sixty-one,  or  in  conse- 
quence of  wounds  or  injuries  received,  or  disease  contracted 
since  that  date,  shall  commence  from  the  death  or  dis- 
charge of  the  person  on  whose  account  the  claim  has  been 
or  is  hereafter  granted,  if  the  disability  occurred  prior  to 
discharge;  and  if  such  disability  occurred  after  the  dis- 
charge, then  from  the  date  of  actual  disability,  or  from  the 
termination  of  the  right  of  party  having  prior  title  to  such 
pension:  Provided,  The  application  for  such  pension  has 
been  or  is  hereafter  filed  with  the  Commissioner  of  Pen- 
sions prior  to  the  first  day  of  July,  eighteen  hundred  and 
eighty,  otherwise  the  pension  shall  commence  from  the 
date  of  filing  the  application;  but  the  limitation  herei 
prescribed  shall  not  apply  to  claims  by  or  in  behalf 
insane  persons  and  children  under  sixteen  years  of  age. 
11'8'1  SEC*  3<  Section  forty-seven  hundred  and  nine  of  t 
Revised  Statutes  is  hereby  repealed. 


! 


MISCELLANEOUS  LAWS  RELATING  TO  INVALID  PENSIONS. 


SEC.  4694.  Limitations  in  cases  of  disability  in- 
curred since  July  /7,  1868. 

SEC.  4700.  Sick  leave;  sick  furlough ;  veteran  fur- 
lough; line-of  duty. 

SEC.  4701.  Date  when  service  terminates. 

SEC.  4713.  Commencement  of  an ti -rebellion  pen- 
sions. 

SEC.  4715.  One  pension  only  allowable. 

SEC.  4721.  Limitation  prescribed  by  Sees.  4709  and 
4717  extended  in  claims  of  Indians. 
Evidence  in  Indian  claims  to  be  exe- 
cuted, by  whom. 

SEC.  4724.  General-service  limitations  as  to  pen- 
sion and  pay. 

Act,  29  August,  1890.    Officer  on  retired  list. 

SEC.  4749.  Certain  soldiers  and  sailors  not  to  be 
deemed  devserters. 

Act  7  August,  1872. 

Act  5  July,  1884. 

Act  17  May,  1886. 

Act  2  March,  1889. 

Act  2  March,  1891.  Minor  not  entitled  to  bounty 
or  pay. 

Act  27  July,  1892.  Desertion.  War  with  Mexico. 
Extends  limitation. 


Desertion,  removal  of  charges. 


Act  2  March,  1895.    Desertion,  limit  to,  rescinded. 

SEC.  4771.) 

SEC.  4772.  [Repealed. 

SRC.  4773.) 

Act  21  June,  1879.  Power  of  Commissioner  to 
order  special  examinations,  and  to 
increase  or  reduce  pensions. 

SEC.  4777.  Appointment  of  civil  examining  sur- 
geons. 

Act  3  June,  1884.  Providing  for  muster  and  pay 
of  certain  officers  and  enlisted  men, 
volunteer  service. 

Act  3  February,  1887.  Providing  for  muster  and 
pay  of  certain  officers  and  enlisted 
men  of  the  volunteer  forces. 

Act  1  March,  1879.  Soldiers  in  the  civil  service 
of  the  United  States. 

Act  1  August,  1892.  Disloyalty,  bar  as  to,  re- 
moved, amending  Sec.  4716. 

Act  :<  March,  1893.  Aid  to  State  or  Territorial 
Homes. 

Act  24  February,  1897.  Provisions  as  to  muster 
and  pay  of  certain  officers  and  en- 
listed men  of  volunteer  forces. 


SEC.  4694.  No  person  shall  be  entitled  to  a  pension  by 
reason  of  wounds  or  injury  received  or  disease  contracted 
in  the  service  of  the  United  States  subsequent  to  the  twenty- 


Sec  t  3  Mar 

seventh  day  of  July,  eighteen  hundred  and  sixty-eight,  uu-  1873  ;  s'eo.  2,  27 
less  the  person  who  was  wounded,  or  injured,  or  contracted 
the  disease  was  in  the  line  of  duty;  and,  if  in  the  military 
service,  was  at  the  time  actually  in  the  field,  or  on  the  , 
march,  or  at  some  post,  fort,  or  garrison,  or  en  route,  by 
direction  of  competent  authority,  to  some  post,  fort,  or  gar- 
rison ;  or,  if  in  the  naval  service,  was  at  the  time  borne  on 
the  books  of  some  ship  or  other  vessel  of  the  United  States, 
at  sea  or  in  harbor,  actually  in  commission,  or  was  at  some 
naval  station,  or  on  his  way,  by  direction  of  competent 
authority,  to  the  United  States,  or  to  some  other  vessel,  or 
naval  station,  or  hospital. 

SEC.  4700.  Officers  absent  on  sick-leave,  and  enlisted  men    sick  leave, 

i  .  '  sick    furlough, 

absent  on  sick-turlough,  or  on  veteran-furlough  with  the  veteran  fur 
organization  to  which  they  belong,  shall  be  regarded  in  the  a°utyb'    ] 
administration  of  the  pension  laws  in  the  same  manner  as  if   sec.  6,  3  Mar., 
they  were  in  the  field  or  hospital.  S,  wS*.  8('on 

veteran  furlough  with  the  organization  to  which  they  belonged.) 

35 


36      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

8  Jr  v i r  e  "term?-     SEC'  4701>  Toe  Period  of  service  of  all  persons  entitled  to 

nulea- the  benefits  of  the  pension  laws,  or  on  account  of  whose 

sec.  7,  3  Mar.  death  any  person  may  become  entitled  to  a  pension,  shall 

Io7o  ;     t$©o.    9,     6 

June,  1896.         be  construed  to  extend  to  the  time  of  disbanding  the  or- 
ganization to  which  such  persons  belonged,  or  until  their 
actual  discharge  for  other  cause  than  the  expiration  of  the 
service  of  such  organization. 
Conimenceiueut     ggc.  4713.  In  all  cases  in  which  the  cause  of  disability  or 

<>»    ;uita  rebellion  J 

pensions.  death  originated  in  the  service  prior  to  the  fourth  day  of 

Sec.  19,  s  Mar.,  March,  eighteen  hundred  and  sixty  one,  and  an  application 
June,  1866;  s'ec.  for  pension  shall  not  have  been  filed  within  three  years  from 
'see  sec.  i,  21  the  discharge  or  death  of  the  person  on  whose  account  the 
!i82o;esea  claim  is  made,  or  within  three  years  of  the  termination  of  a 
624  M»y!  pension  previously  granted  on  account  of  the  service  and 
death  of  the  same  person,  the  pension  shall  commence  from 
the  date  of  filing  by  the  party  prosecuting  the  claim  the  last 
paper  requisite  to  establish  the  same.    But  no  claim  allowed 
prior  to  the  sixth  day  of  June,  eighteen  hundred  and  sixty 
six,  shall  be  affected  by  anything  herein  contained. 


iii  this  Title  shall  be  so  construed  as 
to  allow  more  than  one  pension  at  the  same  time  to  the  same 

>•'<•.  *_.  o    ,M;ir., 

1873;  Sees.  3  4,  person  or  to  persons  entitled  jointly;  but  any  pensioner 
1862 ;  'sec.  is,  6  who  shall  so  elect  may  surrender  his  certificate,  and  receive, 
2. 25  July,  1866.  '  in  lieu  thereof,  a  certificate  for  any  other  pension  to  which 
he  would  have  been  entitled  had  not  the  surrendered  cer- 
tificate been  issued.     But  all  payments  previously  made  for 
any  period  covered  by  the  new  certificate  shall  be  deducted 
from  the  amount  allowed  by  such  certificate. 
(See  Sec.  5,  Act  of  July  25,  1882,  p.  84.) 

Indians' claims.  gEC>  4721.  The  term  of  limitation  prescribed  by  sections 
1873°" 28'  3*Mar"  forty-seven  hundred  and  nine  and  forty-seven  hundred  and 
seventeen  shall,  in  pending  claims  of  Indians,  be  extended 
to  two  years  from  and  after  the  third  day  of  March,  eight- 
een hundred  and  seventy  three;  all  proof  which  has  here- 
tofore been  taken  before  an  Indian  agent,  or  before  an  officer 
of  any  tribe,  competent  according  to  the  rules  of  said  tribe 
to  administer  oaths,  shall  be  held  and  regarded  by  the  Pen- 
sion Office,  in  the  examining  and  determining  of  claims  of 
Indians  now  on  file,  as  of  the  same  validity  as  if  taken  be- 
fore an  officer  recognized  by  the  law  at  the  time  as  compe- 
tent to  administer  oaths;  all  proof  wanting  in  said  claims 
hereafter,  as  well  as  in  those  filed  after  the  third  day  of 
March,  eighteen  hundred  and  seventy-three,  shall  be  taken 
before  the  agent  of  the  tribe  to  which  the  claimants  respec 
tively  belong ;  in  regard  to  dates,  all  applications  of  Indians 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS.  37 

now  oil  file  shall  be  treated  as  though  they  were  made  be- 
fore a  competent  officer  at  their  respective  dates,  and  if  found 
to  be  in  all  other  respects  conclusive,  they  shall  be  allowed  ; 
and  Indians  shall  be  exempted  from  the  obligation  to  take 
the  oath  to  support  the  Constitution  of  the  United  States. 

SEC.  4724.  No  person  in  the  Army,  Navy,  or  Marine  Corps  .  General   serv- 
sliall  draw  both  a  pension  as  an  invalid  and  the  pay  of  his  _ 
rank  or  station  in  the  service,  unless  the  disability  forlg^ct  30  APF-' 
which  the  pension  was  granted  be  such  as  to  occasion 
employment  in  a  lower  grade,  or  in  the  civil  branch  of 


service.  3  Mar-'  1865-  Sec 

5,  6  June,  1866, 
and  Act  1  Mar., 
1879. 

The  above  section  amended  by  the  following  Act  : 

AN  ACT  making  appropriations  for  additional  clerical  force  and  other    Act  29  Aug., 
expenses,  and  so  forth. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,    *     *     * 

SEC.  2.  Hereafter  no  officer  of  the  Army,  Navy  or  Marine  tir°J^r  on  re- 
Corps  on  the  retired  list  shall  draw  or  receive  any  pension  — 
under  any  law. 

Approved,  August  29,  1890. 


SEC.  4749.  No  soldier  or  sailor  shall  be  taken  or  held  to  Certain  soldiers 

and  sailors  not  to 

be  a  deserter  from  the  Army  or  Navy  who  faithfully  served  ^rt(dre8emed   de" 
accordingto  his  enlistment  until  the  nineteenth  day  of  April,    Act'19  Jul 
eighteen  hundred  and  sixty-five,  and  who,  without  proper  1867. 
authority  or  leave  first  obtained,  quit  his  command  or  re- 
fused to  serve  after  that  date ;  but  nothing  herein  contained 
shall  operate  as  a  remission  of  any  forfeiture  incurred  by 
any  such  soldier  or  sailor  of  his  pension ;  but  this  section 
shall  be  construed  solely  as  a  removal  of  any  disability  such 
soldier  or  sailor  may  have  incurred  by  the  loss  of  his  citi- 
zenship in  consequence  of  his  desertion. 


The  above  section  amended  by  the  following  Acts: 

AN  ACT  to  relieve  certain  soldiers  of  the  late  war  from  the  charge  of     Act   7   Aug. 

desertion.  — ! 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
charge  of  desertion  now  standing  on  the  rolls  and  records    Desertion. 
in  the  Office  of  the  Adjutant-General  of  the  United  States 


38      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

against  any  soldier  who  served  in  the  late  war  in  the  vol- 
unteer service  shall  be  removed  in  all  cases  where  it  shall 
be  made  to  appear  to  the  satisfaction  of  the  Secretary  of 
War,  from  such  rolls  and  records  or  from  other  satisfactory 
testimony,  that  any  such  soldier  served  faithfully  until  the 
expiration  of  his  term  of  enlistment,  or  until  the  twenty- 
second  day  of  May,  anno  Domini  eighteen  hundred  and 
sixty-five,  or  was  prevented  from  completing  his  term  of 
service  by  reason  of  wounds  received  or  disease  contracted 
in  the  line  of  duty,  but  who,  by  reason  of  absence  from  his 
command  at  the  time  the  same  was  mustered  out,  failed  to 
be  mustered  out  and  to  receive  an  honorable  discharge. 

SEC.  2.  That  the  charge  of  desertion  standing  on  the  rolls 
and  records  in  the  Office  of  the  Adjutant-General  of  the 
United  States  against  any  soldier  who  served  in  the  late 
war  in  the  volunteer  service  shall  also  be  removed  in  all 
cases  where  it  shall  be  made  to  appear  to  the  satisfaction  of 
the  Secretary  of  War,  from  such  rolls  and  records,  or  from 
other  satisfactory  testimony,  that  such  soldier  charged  with 
desertion  or  with  absence  without  leave  did  not  intend  to 
desert,  and  after  such  charge  of  desertion  or  absence  with- 
out leave  voluntarily  returned  to  his  command  and  served 
in  the  line  of  his  duty  until  he  was  mustered  out  of  the  serv- 
ice and  received  a  certificate  of  honorable  discharge. 

SEC.  3.  That  in  all  cases  where  the  charge  of  desertion 
shall  be  removed  under  the  provisions  of  this  Act  from  the 
record  of  any  soldier  who  has  not  received  a  certificate  of 
discharge,  it  shall  be  the  duty  of  the  Adjutant-General  of 
the  United  States  to  issue  to  such  soldier,  or,  in  case  of  his 
death,  to  his  heirs  or  legal  representatives,  a  certificate  of 
discharge. 

Desertion.  S~EG.  4.  That  when  the  charge  of  desertion  shall  be  re- 

moved under  the  provisions  of  this  Act  from  the  record  of 
any  soldier,  such  soldier,  or  in  case  of  his  death,  the  heirs 
or  legal  representatives  of  such  soldier,  shall  receive  all  pay 
and  bounty  which  may  have  been  withheld  on  account  of 
such  charge  of  desertion  or  absence  without  leave :  Provided, 
however,  That  this  Act  shall  not  be  so  construed  as  to  give 
to  any  such  soldier  as  may  be  entitled  to  relief  under  the 
provisions  of  this  Act,  or,  in  the  case  of  his  death,  to  the 
heirs  or  legal  representatives  of  any  such  soldier,  the  right 
to  receive  pay  and  bounty  for  any  period  of  time  during 
which  such  soldier  was  absent  from  his  command  without 
leave  of  absence :  And  provided  further.  That  no  soldier  nor 
the  heirs  nor  legal  representatives  of  any  soldier,  who  served 
in  the  Army  a  period  of  less  than  twelve  months,  or  who 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  39 

intentionally  deserted  shall  be  entitled  to  the  benefit  of  the 
provisions  of  this  Act. 

SEC.  5.  That  all  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved,  August  7,  1882. 


AN  ACT  to  relieve  certain  soldiers  from  the  charge  of  desertion.         Act    5    July, 

1884. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of~ 
the  United  /States  of  America  in  Congress  assembled.  That  the  ^Jj 
charge  of  desertion  now  standing  on  the  rolls  and  rec-  ™ijef  of ; 
ords  in  the  office  of  the  Adjutant  General  of  the  United 
States  against  any  soldier  who  served  in  the  late  war  in 
the  volunteer  service  shall  be  removed  in  all  cases  where 
it  shall  be  made  to  appear  to  the  satisfaction  of  the  Secre- 
tary of  War,  from  such  rolls  and  records,  or  from  other 
satisfactory  testimony,  that  any  such  soldier  served  faith- 
iully  until  the  expiration  of  his  term  of  enlistment,  or  until 
the  first  day  of  May,  anno  Domini  eighteen  hundred  and 
sixty-five,  having  previously  served  six  months  or  more,  or 
was  prevented  from  completing  his  term  of  service  by 
reason  of  wounds  received  or  disease  contracted  in  the  line 
of  duty,  but  who,  by  reason  of  absence  from  his  command 
at  the  time  the  same  was  mustered  out,  failed  to  be  mus- 
tered out  and  to  receive  an  honorable  discharge :  Provided,  Proviso. 
That  no  soldier  shall  be  relieved  under  this  section  who, 
not  being  sick  or  wounded,  left  his  command  without 
proper  authority  whilst  the  same  was  in  the  presence  of 
the  enemy. 

SEC.  2.  That  the  Secretary  of  War  is  hereby  authorized    Terms  and 

proof  upon  which 

to  remove  the  charge  of  desertion  from  the  records  of  any  relief   may    be 

granted. 

soldier  in  the  late  war  upon  proper  application  therefor  and 
satisfactory  proof  in  the  following  cases : 

First.  That  such  soldier,  after  such  charge  of  desertion 
was  made,  and  within  a  reasonable  time  thereafter,  volun- 
tarily returned  to  his  command  and  served  faithfully  to  the 
end  of  his  term  of  service. 

Second.  That  such  soldier  absented  himself  without  proper 
authority  from  hospital,  or  from  furlough  given  from  hos- 
pital, while  suffering  from  wounds,  injuries,  or  disease  re- 
ceived or  contracted  in  the  service  in  the  line  of  duty,  and, 
on  recovery,  voluntarily  returned  to  his  command  and  served 
faithfully  until  discharged,  or  died  from  such  wounds,  in- 
jury, or  disease  while^so  absent  and  before  the  date  of  the 
muster  out  of  his  command. 

Third.  That  such  soldier  absented  himself  without  proper 


40  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

authority  from  furlough  given  by  proper  authority,  and 
while  so  absent  died  from  wounds,  injury,  or  disease  re- 
ceived or  contracted  in  the  service  in  the  line  of  duty  be- 
fore the  muster  out  of  his  command. 

diShargeate  of  SEC-  3<  That  iu  a11  cases  where  the  charge  of  desertion 
shall  be  removed  under  the  provisions  of  this  Act  from  the 
record  of  auy  soldier  who  has  not  received  a  certificate  of 
discharge,  it  shall  be  the  duty  of  the  Adjutant-General  of 
the  United  States  to  issue  to  such  soldier,  or,  in  case  of  his 
death,  to  his  heirs  or  legal  representatives,  a  certificate  of 
discharge. 


ounty  and  ^EC"  ^'  ^at  wnen  the  charge  of  desertion  shall  be  re- 
moved under  the  provisions  of  this  Act  from  the  record  of 
any  soldier,  such  soldier,  or,  in  case  of  his  death,  the  heirs 
or  legal  representatives  of  such  soldier,  shall  receive  the 

Proviso.  pay  and  bounty  due  to  such  soldier:  Provided,  however, 
That  this  act  shall  not  be  so  construed  as  to  give  to  any 
such  soldier,  or,  in  case  of  his  death,  to  the  heirs  or  legal 
representatives  of  any  such  soldier,  any  pay  bounty  or  al- 
lowance for  any  period  of  time  during  which  such  soldier 
was  absent  from  his  command  without  proper  authority, 
nor  shall  it  be  so  construed  as  to  give  any  pay,  bounty,  or 
allowance  to  any  soldier,  his  heirs  or  legal  representatives, 
who  served  in  the  Army  a  peripd  of  less  than  six  months. 

Applications     SEC.  5.  That  all  applications  for  relief  under  this  Act 

for  relief   to   be 

Hied.  etc.  shall  be  made  to  and  filed  with  the  Secretary  of  War  within 
the  period  of  five  years  from  and  after  its  passage,  and  all 
applications  not  so  made  and  filed  within  said  term  of  five 
years  shall  be  forever  barred  and  shall  not  be  received  or 
considered. 

SEC.  6.  That  all  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 
Approved,  July  5,  1884. 


Act   17    May,  AN  ACT  to  remove  the  charge  of  desertion  from  the  rolls  and  records 

— - in  the  Office  of  the  Adjutant-General  of  the  Army  against  certain 

soldiers. 

n8!6  ^T-^cte  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
nited  States  of  America  in  Congress  assembled,  That  the 
charge  of  desertion  now  standing  on  the  rolls  and  records 
in  the  Office  of  the  Adjutant- General  of  the  Army  against 
any  soldier  who  served  in  the  late  war  of  the  rebellion,  by 
reason  of  his  having  enlisted  in  any  regiment,  troop,  or 
company  without  having  first  received  a  discharge  from  the 
regiment,  troop,  or  company  in  which  he  had  previously 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

jerved,  shall  be  removed  in  all  cases  wherein  it  shall  be 
lade  to  appear  to  the  satisfaction  of  the  Secretary  of  War, 
•om  such  rolls  and  records  or  from  other  satisfactory  testi- 
liony,  that  such  re-enlistment  was  not  made  for  the  purpose 
f  securing  bounty  or  other  gratuity  that  he  would  not  have 
een  entitled  to  had  he  remained  under  his  original  term 
f  enlistment:  Provided,  That  no  soldier  shall  be  relieved 
nder  this  Act  who,  not  being  sick  or  wounded,  left  his  com- 
Land,  without  proper  authority,  while  the  same  was  in  the 
resell  ce  of  the  enemy,  or  who,  at  the  time  of  leaving  his 
pminand,  was  in  arrest  or  under  charges,  or  in  whose 
ase  the  period  of  absence  from  the  service  exceeded  three 
honths. 

SEC.  2.  That  in  all  cases  where  the  charge  of  desertion 
Itiall  be  removed  under  the  provisions  of  this  Act,  the 
Ldjutant  General  of  the  Army  shall  issue  to  such  soldier, 
[r,  in  case  of  his  death,  to  his  heirs  or  legal  representatives, 

certificate  of  discharge  from  the  regiment,  troop,  or  com- 
|any  in  which  he  first  served. 

SEC.  3.  That  all  applications  for  relief  under  this  Act 
| jail  be  made  to  and  filed  with  the  Secretary  of  War  within 

period  of  five  years  from  and  after  its  passage,  and  all 
Implications  not  so  made  and  filed  within  such  period  of  five 
ears  shall  not  be  received  or  considered;  and  all  acts  and 
arts  of  acts  inconsistent  with  the  provisions  of  this  Act 
|re  hereby  repealed. 

Approved,  May  17,  1886. 


41 


|N  ACT  for  the  relief  of  certain  volunteer  and  regular  soldiers  of  the     Act   2    Mar- 
late  \v;ir  and  the  war  with  Mexico.  


Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of 
\ie  United  States  of  America  in  Congress  assembled,  That  the 

targe  of  desertion  now  standing  on  the  rolls  and  rec-    Desertion. 

ds  in  the  office  of  the  Adjutant-General  of  the  United 
Itates  Army  against  any  soldier  who  served  in  the  late 
jar  in  the  volunteer  service  shall  be  removed  in  all  cases 

here  it  shall  be  made  to  appear  to  the  satisfaction  of  the 
jecietary  of  War,  from  such  rolls  and  records,  or  from 

:her  satisfactory  testimony,  that  such  soldier  served  faith- 
hlly  until  the  expiration  of  his  term  of  enlistment,  or  until 
he  first  day  of  May,  anno  Domini  eighteen  hundred  and 
jixty-five,  having  previously  served  six  months  or  more, 

id,  by  reason  of  absence  from  his  command  at  the  time 
lie  same  was  mustered  out,  failed  to  be  mustered  out  and 
I)  receive  an  honorable  discharge,  or  that  such  soldier 


42  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

absented  himself  from  his  command,  or  from  hospital  while 
suffering  from  wounds,  injuries,  or  disease  received  or  con- 
tracted in  the  line  of  duty,  and  was  prevented  from  com- 
pleting his  term  of  enlistment  by  reason  of  such  wounds, 
injuries,  or  disease. 

SEC.  2.  That  the  Secretary  of  War  is  hereby  authorized 
to  remove  the  charge  of  desertion  from  the  record  of  any 
regular  or  volunteer  soldier  in  the  late  war  upon  proper 
application  therefor,  and  satisfactory  proof  in  the  following 
cases : 

First.  That  such  soldier,  after  such  charge  of  desertion 
was  made,  and  within  a  reasonable  time  thereafter,  volun- 
tarily returned  to  his  command  and  served  faithfully  to  the 
end  of  his  term  of  service,  or  until  discharged. 

Second.  That  such  soldier  absented  himself  from  his  com- 
mand or  from  hospital  while  suffering  from  wounds,  inju- 
ries, or  disease,  received  or  contracted  in  the  line  of  duty, 
and  upon  recovery  voluntarily  returned  to  his  command 
and  served  faithfully  thereafter,  or  died  from  such  wounds, 
injuries,  or  disease  while  so  absent,  and  before  the  date 
of  muster  out  of  his  command,  or  expiration  of  his  term  of 
service,  or  was  prevented  from  so  returning  by  reason  of 
such  wounds,  injuries  or  diseases  before  such  muster  out, 
or  expiration  of  service. 

bounty  e?k5i0aY-     Tllir(l-  Tnafc  such  soldier  was  a  minor,  and  was  enlisted 
lowed.  without  the  consent  of  his  parent  or  guardian,  and  w 

released  or  discharged  from  such  service  by  the  order  or 
decree  of  any  court  of  competent  jurisdiction  on  habeas 
corpus  or  other  proper  judicial  proceedings;  and  in  any 
such  case  no  pay,  allowance,  bounty,  or  pension,  shall  be 
allowed  or  granted, 
charge  of  de-  SEC).  3.  That  the  charge  of  desertion  now  standing  on  the 
onisoi  Adjutant  rolls  and  records  in  the  office  of  the  Adjutant-General  of 
the  Army  against  any  regular  or  volunteer  soldier  who 
served  in  the  late  war  of  the  rebellion  by  reason  of  his 
having  enlisted  in  any  regiment,  troop,  or  company,  or  in1 
the  United  States  Navy  or  Marine  Corps,  without  having' 
first  received  a  discharge  from  the  regiment,  troop,  or  com- 
pany in  which  he  had  previously  served,  shall  be  removed 
in  all  cases  wherein  it  shall  be  made  to  appear  to  the  satis-' 
faction  of  the  Secretary  of  War,  from  such  rolls  and  rec- 
ords, or  from  other  satisfactory  testimony,  that  such  re-' 
enlistment  was  not  made  for  the  purpose  of  securing  bounty 
or  other  gratuity  that  he  would  not  have  been  entitled  to, 
had  he  remained  under  his  original  terni  of  enlistment;  that 
the  absence  from  the  service  did  not  exceed  four  months,  and 
that  such  soldier  served  f:iithfully  under  his  re  enlistment/ 


LAWS    RELATING    TO    ARMY    AND   NAVY    PENSIONS.  43 


SEC.  4.  That  whenever  it  shall  appear  from  the 


3cords  in  the  office  of  the  Adjutant-General,  United  States  tent-General' 


,  that  any  regular  or  volunteer  soldier  of  the  late  war 
-as  formally  restored  to  duty  from  desertion  by  the  Oom- 
lander  competent  to  order  his  trial  for  the  offense,  or,  hav- 
l|ig  deserted  and  being  charged  with  desertion,  was,  on 
J3tnrn  to  the  service,  suffered,  without  such  formalrestora- 
[  I  on,  to  resume  his  place  in  the  ranks  of  his  command,  serv- 
)|ig  faithfully  thereafter  until  the  expiration  of  his  term, 
lich  soldier  shall  not  be  deemed  to  rest  under  any  disabil- 
ity, because  of  such  desertion,  in  the  prosecution  of  any 
Jlaim  for  pension  on  account  of  disease  contracted  or  wounds 
Jr  injuries  received  in  the  line  of  his  duty  as  a  soldier. 
I  SEC.  5.  That  when  the  charge  of  desertion  shall  be  re- 
•lioved  under  the  provisions  of  this  Act  from  the  record  of 
•Jay  soldier,  such  soldier,  or,  in  case  of  his  death,  the  heirs 
Jr  legal  representatives  of  such  soldier,  shall  receive  the 
llay  and  bounty  due  to  such  soldier:  Provided,  however, 
1  1  hat  this  Act  shall  not  be  so  construed  as  to  give  to  any 
llich  soldier,  or,  in  case  of  his  death,  to  the  heirs  or  legal 
representatives  of  any  such  soldier,  any  pay,  bounty,  or 
Allowance  for  any  time  during  which  such  soldier  was  absent 
J'om  his  command  without  proper  authority,  nor  shall  it  be 
I)  construed  as  to  give  any  pay,  bounty,  or  allowance  to 
Jay  soldier,  his  heirs  or  legal  representatives,  who  served 
i|i  the  Army  a  period  of  less  than  six  months. 
I  SEC.  6.  That  the  Secretary  of  War  be,  and  he  hereby  is 
luthorized  and  directed  to  amend  the  military  record  of 
flny  soldier  who  enlisted  for  the  war  with  Mexico,  upon 
Jlroper  application,  where  the  rolls  and  records  of  the  Ad- 
litant-General's  office  show  the  charge  of  desertion  against 
Jliin,  when  such  rolls  and  records  show  the  facts  set  out 
ill  the  following  cases: 

il  First.  That  said  soldier  served  faithfully  the  full  term  of 
slis  enlistment,  or  having  served  faithfully  for  six  months 
ilr  more,  and  until  the  fourth  day  of  July  anno  Domini 
Jiighteeu  hundred  and  forty  eight,  left  his  command  with- 
Hlut  having  received  a  discharge. 

il  Second.  That  such  soldier,  after  said  charge  of  desertion 
was  entered  on  the  rolls,  voluntarily  returned  to  his  com- 
Jiand  within  a  reasonable  time,  and  served  faithfully  until 
discharged. 

ft!  SEC.  7.  That  the  provisions  of  this  Act  shall  not  be  so 
Construed  as  to  relieve  any  soldier  from  the  charge  of  de- 
llertion  who  left  his  command  from  disaffection  or  disloy- 
illty  to  the  Government,  or  to  evade  the  dangers  and  hard- 
klhips  of  the  service,  or  whilst  in  the  presence  of  the  enemy 


44  LAWS   RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

(not  being  sick  or  wounded),  or  while  in  arrest  or  under 
charges  for  breach  of  military  duty,  or  in  case  of  a  soldier 
of  the  Mexican  war,  who  did  not  actually  reach  the  seat  of 
war. 

SEC.  8.  That  when  such  charge  of  desertion  is  removed 
under  the  provisions  of  this  Act,  the  soldier  shall  be  re- 
stored to  a  status  of  honorable  service,  his  military  record 
shall  be  corrected  as  the  facts  may  require,  and  an  honor- 
able discharge  shall  be  issued  in  those  cases  where  the 
soldier  has  received  none  j  and  he  shall  be  restored  to  all 
his  rights  as  to  pension,  pay,  or  allowances  as  if  the  charge 
of  desertion  had  never  been  made;  and  in  case  of  the  death 
of  said  soldier,  his  widow  or  other  legal  heir  shall  be  enti- 
iled  to  the  same  rights  as  in  case  of  other  deceased  honor- 
ably discharged  soldiers :  Provided,  That  this  Act  shall  not 
be  construed  to  give  to  any  soldier,  or  his  legal  representa- 
tives or  heir,  any  pay  or  allowance  for  any  period  of  time 
he  was  absent  without  leave,  and  not  in  the  performance  of 
military  duty. 

_  Limitation  f»r  SEC.  9.  That  all  applications  for  relief  under  this  Act 
Hon.  '  a  shall  be  made  to  and  filed  with  the  Secretary  of  War  within 
the  period  of  three  years  from  and  after  July  first,  eighteen 
hundred  and  eighty  nine,  and  all  applications  not  so  made 
and  filed  within  said  term  of  three  years  shall  be  forever 
barred,  and  shall  not  be  received  or  considered. 

SEC.  10.  That  all  acts  and  parts  of  acts  inconsistent  with 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved,  March  2, 1889. 


Act    2    Mar.,  AN  ACT  to  amend  an  Act  entitled  "An  Act  for  the  relief  of  certain  vol- 
391  •    unteer  aiid  regular  soldiers  of  the  late  war  and  the  war  with  Mex- 
ico," approved  March  two,  eighteen  hundred  and  eighty-nine. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled, That  sub- 
division three  of  section  two  of  the  above  entitled  Act  be, 
and  the  same  is  amended  so  as  to  read  as  follows: 
tit5£nTo  bounty"     "  Third.  That  such  soldier  was  a  minor,  and  was  enlisted 
««•  pay-  without  the  consent  of  his  parent  or  guardian,  and  was  re- 

leased or  discharged  from  such  service  by  the  order  or  de- 
cree of  any  State  or  United  States  court  on  habeas  corpus 
or  other  judicial  proceedings,  and  in  such  case  such  soldier 
shall  not  be  entitled  to  any  bounty  or  allowance,  or  pay  for 
any  time  such  soldier  was  not  in  the  performance  of  mili- 
tary duty." 
Approved,  March  2, 1891. 


LAWS    RELATING    TO    ARMY    AND   NAVY    PENSIONS.  45 

.N  ACT  to  amend  section  nine  of  the  Act  for  the  relief  of  certain  vol-     Act    27   July, 
unteer  and  regular  soldiers  of  the  late  war  and  the  war  with  Mexico,  _ 
passed  March  second,  eighteen  hundred  and  eighty-nine. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  Desertion. 

J      Amending  Sec. 

he  United  States  of  A  merica  in  Congress  assembled,  That  sec-  ^8Act  2  Slar-« 
ion  nine  of  the  Act  for  the  relief  of  certain  volunteer  and 
rgular  soldiers  of  the  late  war  and  the  war  with  Mexico, 
•assed  March  second,  anno  Domini  eighteen  hundred  and 
ighty-nine,  be,  and  the  same  is  hereby,  so  amended  as  to 
xtend  the  time  for  the  limitation  of  the  operation  of  said  ^Limitation 
ect  ion  for  the  period  of  two  years  from  the  first  of  July,  tion 
ighteen  hundred  and  ninety-two. 
Approved,  July  27,  1892. 


.N  ACT  to  further  amend  section  nine  of  the  Act  for  the  relief  of  cer-     Act    2    Mar. 

1  QQC 

tain  volunteer  and  regular  soldiers  of  the  late  war  and  the  war  with  — 1- . 

Mexico,  passed  March  second,  eighteen  hundred  and  eighty-nine. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
he  United  States  of  America  in  Congress  assembled,  That  sec- 
ion  nine  of  the  Act  for  the  relief  of  certain  volunteer  and 
egular  soldiers  of  the  late  war  and  the  war  with  Mexico, 
pproved  March  second,  eighteen  hundred  and  eighty-nine, 
»e,  and  the  same  is  hereby,  so  amended  as  to  remove  them^imn  to  re- 
imitation  of  time  within  which  applications  for  relief  may  tion  proceedings 
>e  received  an  d  acted  upon  under  th  e  provisions  of  said  Act. 

Approved,  March  2,  1895. 


SEC.  4771  } 

SEC.  4772  f  Repealed  by  section  3,  Act  of  June  21,  1879. 

SEC.  4773  ) 

The  following  is  a  part  of  said  section  which  was  enacted  as 
portion  of  "An  Act  making  appropriations  for  the  legislative, 
xecutive  and  judicial  expenses  of  the  Government  for  the  fiscal 
ear  ending  June  thirtieth,  eighteen  hundred  and  eighty,  and 
or  other  purposes,"  approved  June  21,  1879: 

******* 

SEC.  3.  That  sections  forty-seven  hundred  and  seventy-    Act  21  June, 
ue,  forty-seven  hundred  and  seventy-two,  and  forty-seven    sees.  4771, 4772, 
undred  and  seventy-three  of  the  Revised  Statutes  of  the  4773>  repealed> 
Jnited  States,  providing  for  biennial  examinations  of  peii- 
ioiiers,  are  hereby  repealed:  Provided,  That  the  Commis-    TO  increase  or 
ioner  of  Pensions  shall  have  the  same  power  as  heretofore  re 
o  order  special  examinations,  whenever,  in  his  judgment, 


46 


LAWS    RELATING    TO    ARMY   AND   NAVY   PENSIONS. 


the  same  may  be  necessary,  and  to  increase  or  reduce  the| 
pension  according  to  right  and  justice;  but  in  no  case  shall 
a  pension  be  withdrawn  or  reduced  except  upon  notice  to 
the  pensioner  and  a  hearing  upon  sworn  testimony,  except 
as  to  the  certificate  of  the  examining  surgeon.  *  * 


sm  -('01|S 


rc-  5-3 


.inly.  1882. 
July,  1864.' 


SEC*  4777>  Tne  Commissioner  of  Pensions  is  empowered 
_  to  appoint,  at  his  discretion,  civil  surgeons  to  make  the  pe- 
V;  riodical  examinations  of  pensioners  which  are  or  may  be  re- 

14. 

^  quired  by  law,  and  to  examine  applicants  for  pension,  where 
he  deems  an  examination  by  a  surgeon  appointed  by  him 
necessary  ;  and  the  fee  for  such  examinations,  and  the  requi- 
site certificates  thereof,  in  duplicate,  including  postage  on 
such  as  are  transmitted  to  pension-agents,  shall  be  two  dol- 
lars, which  shall  be  paid  by  the  agent  for  paying  pensions  in 
the  district  within  which  the  pensioner  or  claimant  resides, 
out  of  any  money  appropriated  for  the  payment  of  pensions, 
under  such  regulations  as  the  Commissioner  of  Pensions 
may  prescribe. 

(See  appropriation  bill  for  the  payment  of  invalid  and  other 
pensions  ,  June  30,  1890,  p.  88.) 


Act  3  June,  AN  ACT  to  provide  for  the  muster  and  pay  of  certain  officers  and 


1884. 


enlisted  men  of  the  volunteer  forces. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  oj 
16  stat.,  L.  385.  the  United  States  of  America  in  Congress  assembled,  That  the  | 
joint  resolution  approved  July  eleventh,  eighteen  hundred! 
and  seventy,  entitled  u  Joint  resolution  amendatory  of  joint  | 
resolution  for  the  relief  of  certain  officers  of  the  Army,"  ap- 
proved July  twenty-sixth,  eighteen  hundred  and  sixty-six, 
officers  to  b  e  is  hereby  so  amended  and  shall  be  so  construed  that  in  all 
'"^annJd  cases  arising  under  the  same  any  person  who  was  duly  aj 
[e  pointed  and  commissioned,  whether  his  commission  wa 
ingetcomin?sC8ion  actually  received  by  him  or  not,  shall  be  considered  as  com- 
missioned to  the  grade  therein  named  from  the  date  when 
his  commission  was  actually  issued  by  competent  authority, 
and  shall  be  entitled  to  all  pay  and  emoluments  as  if  actu- 
ally mustered  at  such  date:  Provided,  That  at  the  date  of  I 
his  commission  he  was  actually  performing  the  duties  of) 
the  grade  to  which  he  was  so  commissioned,  or,  if  not  so  per- 
forming such  duties,  then  from  such  time  after  the  date  of  | 
his  commission  as  he  may  have  actually  entered  upon  such 
duties:  And  provided  further,  That  any  person  held  as  a  I 


or  not. 


Proviso. 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS.  47 


risoner  of  war,  or  who  may  have  been  absent  by  reason  of  wr0n 

ounds  or  in  hospital  by  reason  of  disability  received  in  the 

irvice  in  the  line  of  duty,  at  the  date  of  his  commission,  i      ^        ^ 

vacancy  existed  for  him  in  the  grade  to  which  so  coinmis-  etc. 
oned,  shall  be  entitled  to  the  same  pay  and  emoluments 

if  actually  performing  the  duties  of  the  grade  to  which 
e  was  commissioned  and  actually  mustered  at  such  date: 
.nd  provided  further,  That  this  Act  and  the  resolution  here-  p  f 
y  amended  shall  be  construed  to  apply  only  in  those  cases  Jj®r 
here  the  commission  bears  date  prior  to  June  twentieth.  20  June,  1863,  etc. 
ghteen  hundred  and  sixty-three,  or  after  that  date  when 
leir  commands  were  not  below  the  minimum  number  re- 
uired  by  existing  laws  and  regulations  :  And  provided  fur-  Proviso. 

,  That  the  pay  and  allowances  actually  received  shall 
e  deducted  from  the  sums  to  be  paid  under  this  Act. 

SEC.  2.  That  the  heirs  or  legal  representatives  of  any  ^Heir^tc^to 
fficer  whose  muster  into  the  service  has  been  or  shall  be  P&y  and  pension. 
mended  hereby  shall  be  entitled  to  receive  the  arrears  of 
ay  due  such  officer,  and  the  pension,  if  any,  authorized  by 
iw,  for  the  grade  into  which  such  officer  is  mustered  under 

e  provisions  of  this  Act. 

SEC.  3.  That  all  claims  arising  under  this  Act  shall  be    claims  barred 
resented  to  and  filed  in  the  proper  Department  within  three 
ears  from  and  after  the  passage  hereof,  and  all  such  claims 
ot  so  presented  and  filed  within  said  three  years  shall  be 
>rever  barred,  and  no  allowance  ever  made  thereon. 

SEC.  4.  That  the  pay  and  allowances  of  a  rank  or  grade    Pay,  etc.,  not  to 

.,.,  .  ,  be  recovered  by 

aid  to  and  received  by  any  military  or  naval  officer  in  good  reason  of  defect 

-    in  title,  etc.,  of 

nth  for  services  actually  performed  by  such  officer  in  such  appointment. 
auk  or  grade  during  the  war  of  the  rebellion  shall  not  be 
harged  to  or  recovered  back  from  such  officer  because  of 
ny  defect  in  the  title  of  such  officer  to  the  office,  rank,  or 
rade  in  which  such  services  were  so  actually  performed. 
Approved,  June  3,  1884. 


N  ACT  to  amend  an  Act  entitled  "An  Act  to  provide  for  the  muster  igAct    3    Feb., 

and  pay  of  certain  officers  and  enlisted  men  of  the  volunteer  force/' '. 

approved  June  three,  eighteen  hundred  and  eighty-four. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
le  United  States  of  America  in  Congress  assembled.  That  sec-    pate  of  com- 
ion  one  of  "An  Act  to  provide  for  the  muster  and  pay  of  tain     volunteer 
ertain  officers  and  enlisted  men  of  the  volunteer  forces,"  ° 
pproved  June  third,  eighteen  hundred  and  eighty  four,  be, 
nd  is  hereby,  amended  so  as  to  read  as  follows : 

"That   the   joint  resolution    approved   July  eleventh,    VOL  23,  p.  34. 
ighteen  hundred  and  seventy,  entitled  'Joint  resolution    VOL  14,' £ '!». 


48  LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS. 

amendatory  of  joint  resolution  for  the   relief  of  certain 
officers  of  the  Army,'  approved  July  twenty-six,  eighteen 
hundred  and  sixty-six,  is  hereby  so  amended  and  shall  be 
so  construed  that  in  all  cases  arising  under  the  same  any 
person  who  was  duly  appointed  and  commissioned,  whethe 
his  commission  was  actually  received  by  him  or  not,  shall 
be  considered  as  commissioned  to  the  grade  therein  namec 
from  the  date  from  which  he  was  to  take  rank  under  am 
TO  receive  pay,  by  the  terms  of  his  said  commission,  and  shall  be  eutitlec 

etc.,  from  date  of 

commission.       to  all  pay  and  emoluments  as  if  actually  mustered  at  that 

Provisos.        date  :  Provided,  That  at  the  date  from  which  he  was  to  take 

istedvaornduti?8  r  ank  ^  the  terms  of  his  commission  there  was  a  vacancy 

were'  performed,  to  which  he  could  be  so  commissioned  and  that  he  was 

actually  performing  the  duties  of  the  grade  to  which  he  was 

so  commissioned,  or,  if  not  so  performing  such  duties,  then 

from  such  time  after  the  date  of  his  commission  as  he  may 

have  actually  entered   upon   such   duties:    And  providec 

Prisoners     of  further.  That  any  person  held  as  a  prisoner  of  war,  or  who 

war  or  disabled  ,  ,  ,  .      , 

officers.  may  have  been  absent  by  reason  of  wounds  or  in  hospita 

by  reason  of  disabilities  received  in  the  service  in  the  line 
of  duty,  at  the  date  of  his  commission,  if  a  vacancy  existed 
for  him  in  the  grade  to  which  so  commissioned,  shall  be 
entitled  to  the  same  pay  and  emoluments  as  if  actually 
performing  the  duties  of  the  grade  to  which  he  was  com 
missioned  and  actually  mustered  at  such  date  :  And  pro 
Application,  vided  further,  That  this  Act  and  the  resolution  hereby 
amended  shall  be  construed  to  apply  only  in  those  cases 
where  the  commission  bears  date  prior  to  June  twenty, 
eighteen  hundred  and  sixty-three,  or  after  that  date  when 
their  commands  were  not  below  the  minimum  numbe 
required  by  existing  laws  and  regulations:  And  provided 

toPb/aelucte™Afur^eri  That  the  pay  and  allowances  actually  receivec 
shall  be  deducted  from  the  sums  to  be  paid  under  this  Act. 
Approved,  February  3,  1887. 

Act    1    Mar.,  AN  ACT  relating  to  soldiers  while  in  the  civil  service  of  the  United 
¥±  _  States. 


Mar6  lie?  '  sec  5      ^e  *'*  enacte^  %  the  Senate  and  House  of  Representatives  oj 
6.Tune,i866;  sec.  the  United  States  of  America  in  Congress  assembled,  That  a 
persons  who,  under  and  by  virtue  of  the  first  section  of  th 
Act  entitled  "An  Act  supplementary  to  the  several  Acts  re 
lating  to  pensions,"  approved  March  third,  eighteen  Inn 
dred  and  sixty-  five,  were  deprived  of  their  pensions  durin 
any  portion  of  the  time  from  the  third  of  March,  eighteen 
hundred  and  sixty-five,  to  the  sixth  of  June,  eighteen  hun 


LAWS    RELATING   TO   ARMY    AND    NAVY    PENSIONS.  49 

Ired  and  sixty- six,  by  reason  of  their  being  in  the  civil 
.ervice  of  the  United  States,  shall  be  paid  their  said  pen. 
ions,  withheld  by  virtue  of  said  section  of  the  Act  afore, 
aid,  for  and  during  the  said  period  of  time  from  the  third 
»f  March,  eighteen  hundred  and  sixty-five,  to  the  sixth  of 
rune,  eighteen  hundred  and  sixty-six. 
Approved,  March  1,  1879. 


.N  ACT  to  amend  an  Act  entitled  "An  Act  amending  the  pension  law     Act    l    Aug., 
so  as  to  remove  the  disability  of  those  who,  having  participated  in  _  !  _ 
the  rebellion,  have  since  its  termination  enlisted  in  the  Army  of  the 
United  States,  and  become  disabled,"  approved  March  third,  eight- 
een hundred  and  seventy-seven. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
he  United  States  of  America  in  Congress  assembled,  That 


he  Act  entitled  "An  Act  amending  the  pension  law  so  as  to  they  had  engaged 

in  rebellion. 

emove  the  disability  of  those  who,  having  participated  in 
tie  rebellion,  have  since  its  termination  enlisted  in  the 
Lrmy  of  the  United  States,  and  become  disabled,"  ap- 
roved  March  third,  eighteen  hundred  and  seventy-  seven, 
e,  and  the  same  is  hereby,  amended  so  as  to  read  as  fol- 
)ws  : 

"That  the  law  prohibiting  the  payment  of  any  money  i^LameJaSi' 
n  account  of  pensions  to  any  person,  or  to  the  widow,  Sec-  4716>  R-  s- 
trildren,  or  heirs  of  any  deceased  person  who,  in  any  man- 
er,  engaged  in  or  aided  or  abetted   the  late  rebellion 
gainst  the  authority  of  the  United  States,  shall  not  be 
onstrued  to  apply  to  such  persons  as  afterward  volun- 
arily  enlisted  in  either  the  Navy  or  Army  of  the  United 
tates,  and  who,  while  in  such  service,  incurred  disability 
?om  a  wound  or  injury  received  or  disease  contracted  in 

e  line  of  duty." 

Approved,  August  1,  1892. 


Act  March  3,  1893  (27  Stat.  L.,  607). 


STATE  OR  TERRITORIAL  HOMES:  For  continuing  aid  to 
tate  or  Territorial  homes  for  the  support  of  disabled  vol-  Homes, 
nteer  soldiers  in  conformity  with  the  Act  approved  August  p-  450.' 


50  LAWS   RELATING   TO   ARMY   AND   NAVY   PENSIONS. 

Act  Feb.  24,  AN  ACT  to  Brovide  for  the  relief  of  certain  officers  and  enlisted 
! men  of  the  volunteer  forces. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
any  person  who  was  duly  appointed  or  commissioned  to  be 

volunteers,  an  officer  of  the  volunteer  service  during  the  war  of  the 
rebellion,  and  who  was  subject  to  the  mustering  regulations 
at  the  time  applied  to  members  of  the  volunteer  service 
shall  be  held  and  considered  to  have  been  mustered  into 
the  service  of  the  United  States  in  the  grade  named  in  his 
appointment  or  commission  from  the  date  from  which  he 
was  *°  ^a^e  ran^  under  and  by  the  terms  of  his  said  ap- 
pointmeut  or  commission,  whether  the  same  was  actually 

Pay,  etc.  received  by  him  or  not,  and  shall  be  entitled  to  pay,  emol- 
uments, and  pension  as  if  actually  mustered  at  that  date: 

To°Vdate  from  Pr(>vided,  That  at  the  date  from  which  he  was  to  take  rank 
actual  perform- by  the  terms  of  his  said  appointment  or  commission  there 

ance   of   duties,     J 

etc.  was  a  vacancy  to  which  he  could  be  so  appointed  or  com- 

missioned, and  his  command  had  either  been  recruited  to 
the  minimum  number  required  by  law  and  the  regulations 
of  the  War  Department,  or  had  been  assigned  to  duty  in 
the  field,  and  that  he  was  actually  performing  the  duties  of 
the  grade  to  which  he  was  so  appointed  or  commissioned ; 
or  if  not  so  performing  such  duties,  then  he  shall  be  held 
and  considered  to  have  been  mustered  into  service  and  to 
be  entitled  to  the  benefits  of  such  muster  from  such  time 
after  the  date  of  rank  given  in  his  commission  as  he  may 
have  actually  entered  upon'  such  duties:  Provided  further, 

warror°dirabiedf  ^ua^  any  Person  held  as  a  prisoner  of  war,  or  who  may 
have  been  absent  by  reason  of  wounds,  or  in  hospital  by 
reason  of  disability  received  in  the  service  in  the  line  of 
duty,  at  the  date  of  issue  of  his  appointment  or  commis- 
sion, if  a  vacancy  existed  for  him  in  the  grade  to  which  so 
appointed  or  commissioned,  shall  be  entitled  to  all  the  ben- 
efits to  which  he  would  have  been  entitled  under  this  Act 
if  he  had  been  actually  performing  the  duties  of  the  grade 
to  which  he  was  appointed  or  commissioned  at  said  date: 
Limitation.  Provided  further,  That  this  Act  shall  be  construed  to  apply 
only  in  those  cases  where  the  commission  bears  date  prior 
to  June  twentieth,  eighteen  hundred  and  sixty  three,  or 
after  that  date  when  the  commands  of  the  persons  ap- 
pointed or  commissioned  were  not  below  the  minimum 
number  required  by  then  existing  laws  and  regulations: 
of  And  provided  further,  That  the  pay  and  allowances  actually 
received  for  the  period  covered  by  the  recognition  extended 
under  this  Act  shall  be  deducted  from  the  sums  otherwise 
to  be  paid  thereunder. 


Allowance 
heirs- 


to 


No  deduotiong 
e8  1>er' 


LAWS   RELATING    TO    ARMY    AND    NAVY    PENSIONS.  51 


SEC.  2.  That  the  heirs  or  legal  representatives  of  any 
erson  whose  muster  into  service  shall  be  recognized  and 
stablished  under  the  terms  of  this  Act  shall  be  entitled  to 
eceive  the  arrears  of  pay  and  emoluments  due,  and  the 
ension,  if  any,  authorized  by  law,  for  the  grade  to  which 
Bcognitioii  shall  be  so  extended. 

SEC.  3.  That  the  pay  and  allowances  of  any  rank  or 
rade  paid  to  and  received  by  any  military  or  naval  officer 
i  good  faith  for  services  actually  performed  by  such  officer 
i  such  rank  or  grade  during  the  war  of  the  rebellion,  other 
ban  as  directed  in  the  fourth  proviso  of  the  first  section 
f  this  Act,  shall  not  be  charged  to  or  recovered  back  from 
uch  officer  because  of  any  defect  in  the  title  of  such  officer 

the  office,  rank,  or  grade  in  which  such  services  were  so 
ctually  performed. 

SEC.  4.  That  ail  acts  and  parts  of  acts  inconsistent  with    Repeai.  etc. 
tie  provisions  of  this  Act  be,  and  the  same  are  hereby, 
epealed. 

Approved,  February  24,  1897. 


LAWS  GRANTING  PENSIONS  TO  WIDOWS  AND  MINOR  CHILDREN 


SEC.  4702.  Who  are  entitled. 

SEC.  4703.  Increase  to  widows,  aud  as  to  minors. 

Act  7  August,  1882.  Widows  and  minors,  -when 
entitled  ;  as  to  marriage;  as  to  adul- 
terous cohabitation. 

Act  7  June,  1888.  Commencement  of  widow's 
pension;  oaths  by  United  States 
officers. 

Act  which  became  law  without  the  approval  of 
the  President,  February  19,  1887. 
Marriage  ceremony  in  Territories, 
evidence  of. 

Act  19  March,  1886.  Increase  of  pensions  of  wid- 
ows and  dependent  relatives,  amend- 
ment to  sees.  4703  and  4707. 

SEC.  4704.  Legitimacy  of  children. 

SEC.  4705.  Marriage,  "Indian"  and  "colored;" 
legitimacy  of  children. 


SEC.  4708.  Remarriage  of  widow,  .l.-prndcj 
mother,  or  dependent  sister. 

SEC.  4735.  Time  for  which  widow  shall  not  recen 
pension. 

Act  13  May,  1896.     Marriage,  District  of  Colum- 
bia. 

Act  25  May,  1896.     Territorial  divorce. 

SEC.  4725.1 

SEC.  4726.VHalf  pay  to  widows  and  children. 

SEC.  4727.) 

Act  27  June,  1890.  Provisions  for  widow  an 
minor  children  when  death  of  soldiv 
not  due  to  service. 

SEC.  1656.  (Obsolete.)  Provision  for  widows,  etc. 
of  those  who  died  in  the  service. 


Widows  and 
minors,  when  en- 
titled. 

Sec  8,  3  Mar., 
1873;  Sec.  2,  14 
July.  1862;  Sec. 
11,  14  July,  1862; 
Sec.  4,  3  Mar., 
1865. 

See  act  7  June, 


Increased  pen- 
sions to  widows, 
etc. 

Sec.  9,  3  Mar., 
1873;  Sec.  2,  25 
July,  1866;  Sec.  4, 
27  July,  1868. 


52 


SEC.  4702.  If  any  person  embraced  within  the  provisions 
of  sections  forty-six  hundred  and  ninety-two  and  forty-six 
hundred  and  ninety- three  has  died  since  the  fourth  day  of 
March,  eighteen  hundred  and  sixty-one,  or  hereafter  dies  by 
reason  of  any  wound,  injury,  or  disease,  which,  under  the 
conditions  and  limitations  of  such  sections,  would  have  en 
titled  him  to  an  invalid  pension  had  he  been  disabled,  hu 
widow,  or  if  there  be  no  widow,  or  in  case  of  her  death, 
without  payment  to  her  of  any  part  of  the  pension  herein 
after  mentioned,  his  child  or  children,  under  sixteen  years 
of  age,  shall  be  entitled  to  receive  the  same  pension  as  the 
husband  or  father  would  have  been  entitled  to  had  he  been 
totally  disabled,  to  commence  from  the  death  of  the  husband 
or  father,  to  continue  to  the  widow  during  her  widowhood, 
and  to  his  child  or  children  until  they  severally  attain  the 
age  of  sixteen  years,  and  no  longer;  and,  if  the  widow  re- 
marry, the  child  or  children  shall  be  entitled  from  the  date 
of  remarriage. 

SEC.  4703.  The  pensions  of  widows  shall  be  increased 
from  and  after  the  twenty-fifth  day  of  July,  eighteen  him 
dred  and  sixty-six,  at  the  rate  of  two  dollars  per  month  foi 
eaeli  Hiild  under  the  age  of  sixteen  years  of  the  husband 
on  account  of  whose  death  the  claim  has  been,  or  shall  be. 
granted.  And  in  every  case  in  which  the  deceased  husband 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      53 

as  left,  or  shall  leave,  no  widow,  or  where  his  widow  has 
led  or  married  again,  or  where  she  has  been  deprived  of 
er  pension  under  the  provisions  of  the  pension-law,  the 
ension  granted  to  such  child  or  children  shall  be  increased 
)  the  same  amount  per  month  that  would  be  allowed  under 
foregoing  provisions  to  the  widow,  if  living  and  entitled 
)  a  pension :  Provided,  That  the  additional  pension  herein 
ranted  to  the  widow  on  account  of  the  child  or  children  of 
husband  by  a  former  wife  shall  be  paid  to  her  only  for 
ich  period  of  her  widowhood  as  she  has  been,  or  shall  be, 
aarged  with  the  maintenance  of  such  child  or  children  $  for 
ay  period  during  which  she  has  not  been,  or  she  shall  not 
e,  so  charged,  it  shall  be  granted  and  paid  to  the  guardian 
F  such  child  or  children :  Provided,  further,  That  a  widow  |ec- 5-  27  July» 
:  guardian  to  whom  increase  of  pension  has  been,  or  shall 
ereafter  be,  granted  on  account  of  minor  children  shall 
^t  be  deprived  thereof  by  reason  of  their  being  maintained 
whole  or  in  part  at  the  expense  of  a  State  or  the  public 
any  educational  institution,  or  in  any  institution  organ- 
ed  for  the  care  of  soldiers'  orphans. 


The  above  sections  amended  by  the  following  Acts,  ap~ 
roved  August  7,  1882;  June  7, 1888;  February  19,  1887 ; 
n,d  March  19,  1886. 

N"  ACT  to  amend  section  forty  -seven  hundred  and  two,  title  fifty-seven,     Act  7  Aug., 
Revised  Statutes  of  the  United  States,  and  for  other  purposes.        1882> 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
>e  United  States  of  America  in  Congress  assembled,  That 
action  forty-seven  hundred  and  two,  title  fifty-seven  of  the 
evised  Statutes  of  the  United  States  is  hereby  amended 
as  to  read  as  follows : 
"SBC.  4702.  If  any  person  embraced  within  the  pro-  widows  and 

minors,  when  en- 

isions  of  sections  forty  six  hundred  and  ninety-two 
rty-six  hundred  and  ninety-three,  has  died  since  the  fourth 
ly  of  March,  eighteen  hundred  and  sixty-one,  or  here- 
?ter  dies,  by  reason  of  any  wound,  injury,  or  disease  which 
nder  the  conditions  and  limitations  of  such  sections  would 
ave  entitled  him  to  an  invalid  pension  had  he  been  dis- 
3led,  his  widow,  or  if  there  be  no  widow,  or  in  the  case  of 
?r  death  without  payment  to  her  of  any  part  of  the  pension 
ereinafter  mentioned,  his  child,  or  children  under  sixteen 
3ars  of  age,  shall  be  entitled  to  receive  the  same  pension 
the  husband  or  father  would  have  been  entitled  to  had 
been  totally  disabled,  to  commence  from  the  death  of 
ie  husband  or  father,  to  continue  to  the  widow  during  her 


54      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

widowhood,  and  to  his  child  or  children  until  they  severally 
attain  the  age  of  sixteen  years,  and  no  longer;  and  if  the 
widow  remarry,  the  child  or  children  shall  be  entitled  from 
the  date  of  re-marriage,  except  when  such  widow  has  con- 
tinued to  draw  the  pension  money  after  her  re-marriage,  in 
contravention  of  law,  and  such  child  or  children  have  re 
sided  with  and  been  supported  by  her,  their  pension  wil 
commence  at  the  date  to  which  the  widow  was  last  paid." 

Marriages.  SEC.  2.  That  marriages,  except  such  as  are  mentioned  in 
section  forty-seven  hundred  and  five  of  the  Ee vised  Statutes 
shall  be  proven  in  pension  cases  to  be  legal  marriages  accord- 
ing to  the  law  of  the  place  where  the  parties  resided  at  the 
time  of  marriage  or  at  the  time  when  the  right  to  pension  ac 

Adulterous  co-crue(j.  an(j  ^e  Open  and  notorious  adulterous  cohabitation 

habitation.  ' 

of  a  widow  who  is  a  pensioner  shall  operate  to  terminate  her 
pension  from  the  commencement  of  such  cohabitation. 
Approved,  August  7,  1882. 


The  following  provisions  were  enacted  as  a  portion  of  the 
Act  making  appropriations  for  the  payment  of  invalid  and 
other  pensions  of  the  United  States  for  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  eighty-nine,  approver 

June  7,  1888 : 

******* 

7  June.  1888.        *  That  all  pensions  which  have  been,  or  which  may  here 
Commence -after  be,  granted  under  the  general  laws  regulating  pen 

ment  of  widow's 

pension.  sions  to  widows  in  consequence  of  death  occurring  from  a 

.cause  which  originated  in  the  service  since  the  fourth  day 
of  March,  eighteen  hundred  and  sixty-one,  shall  commence 
from  the  date  of  death  of  the  husband:  And  provided  fur 

OathsbyUnited  thcr.  That  all  United  States  officers  now  authorized  to  ad- 
states  officers. 

-  minister  oaths  are  hereby  required  and  directed  to  adminis- 
ter any  and  all  oaths  required  to  be  made  by  pensioners 
'  and  their  witnesses,  in  the  execution  of  their  vouchers  fof 
their  pensions  free  of  charge. 


AN  ACT  to  amend  an  Act  entitled  An  Act  to  amend  section  fifty-three 
hundred  and  fifty-two,  of  the  Revised  Statutes  of  the  United  State% 
and  so  forth. 

******* 

Marriage  cere-     SEC.  9.*  That  every  ceremony  of  marriage,  or  in  the 

Territories.      *  nature  of  a  marriage  ceremony,  of  any  kind,  in  any  of  th€ 

Territories  of  the  United  States,  whether  either  or  both  .01 

more  of  the  parties  to  such  ceremony  be  lawfully  competenl 

*  Modifying  Act  approved  March  3,  1879,  Sec.  2,  proviso.    See  p.  34. 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS.  55 

be  the  subjects  of  such  marriage  or  ceremony  or  not, 
hall  be  certified  by  a  certificate  stating  the  fact  and  nature  Certificates. 
f  such  ceremony,  the  fall  names  of  each  of  the  parties 
oncerned,  and  the  full  name  of  every  officer,  priest,  and 
erson,  by  whatever  style  or  designation  called  or  known, 
i  any  way  taking  part  in  the  performance  of  such  cere- 
lony,  which  certificate  shall  be  drawn  up  and  signed  by 
le  parties  to  such  ceremony,  and  by  every  officer,  priest, 
nd  person  taking  part  in  the  performance  of  such  cere- 
lony,  and  shall  be  by  the  officer,  priest,  or  other  person 
3lemnizing  such  marriage  or  ceremony  filed  in  the  office  of 
;ie  probate  court,  or,  if  there  be  none,  in  the  office  of  the 
aurt  having  probate  powers  in  the  county  or  district  in 
hich  such  ceremony  shall  take  place,  for  record,  and  shall 
e  immediately  recorded,  and  be  at  all  times  subject  to 
spection  as  other  public  records.  Such  certificate,  or  the 
3cord  thereof,  or  a  duly  certified  copy  of  such  record, 


hall  be  prim  a  facie  evidence  of  the  facts  required  by  this    TO  be 

.        .  ,.  .     .,          J    ,      .    facie  evidence. 

ct  to  be  stated  therein,  in  any  proceeding,  civil  or  crimi- 
al,  in  which  the  matter  shall  be  drawn  in  question.  Any 

rson  who  shall  willfully  violate  any  of  the  provisions  of 
lis  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 

all,  on  conviction  thereof,  be  punished  by  a  fine  of  »^fc 
ore  than  one  thousand  dollars,  or  by  imprisonment  not 
nger  than  two  years,  or  by  both  said  punishments,  in  the 
iscretiou  of  the  court. 

SEC.  10.  That  nothing  in  this  Act  shall  be  held  to  prevent  J^Teproof  •* 
ie  proof  of  marriages,  whether  lawful  or  unlawful,  by  any 

idence  now  legally  admissible  for  that  purpose. 

(Received  by  the  President  February  19, 1887,  not  having 

en  returned  to  Congress  within  the  time  prescribed  by 
ie  Constitution,  became  a  law  without  his  approval.) 


N  ACT  to  increase  the  pensions  of  widows  and  dependent  relatives     Act   19  M»r-. 
of  deceased  soldiers  and  sailors. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  In  the  nature 

.._...  •     of  an  amendment 

ie  United  States  of  America  in  Congress  assembled.  That  from  to  seca.  4703  (p. 
nd  after  the  passage  of  this  Act  the  rate  of  pension  ft>r»),B.a 
idows,  minor  children,  and  dependent  relatives  now  on  the    increase  pen- 
ension-roll,  or  hereafter  to  be  placed  on  the  pension-roll,  and    dependent 
nd  entitled  to  receive  a  less  rate  than  hereinafter  provided, re 
lall  be  twelve  dollars  per  month ;  and  nothing  herein  shall 
e  construed  to  affect  the  existing  allowance  of  two  dollars 
*er  month  for  each  child  und«-r  the  age  of  sixteen  years: 


56  LAWS    RELATING    TO    ARMY    AMD    NAVY    PENSIONS. 

Provided,  That  this  Act  shall  apply  only  to  widows  who  were 
married  to  the  deceased  soldier  or  sailor  prior  tg  its  passage 
ami  to  those  who  may  hereafter  marry  prior  to  or  during  the 
service  of  the  soldier  or  sailor.  And  all  acts  or  parts  oJ 
acts  inconsistent  with  the  provisions  of  this  Act  are  hereby 
repealed. 

SEC.  2.  That  no  claim  agent  or  attorney  shall  be  recog- 
nized in  the  adjudication  of  claims  under  this  Act,  nor  shall 
any  such  person  be  entitled  to  receive  any  compensation 
whatever  for  services  or  pretended  services  in  making  appli- 
cations thereunder. 

Approved,  March  19,  1886. 


Legitimacy  of     SEC.  4704.  In  the  administration  of  the  pension  laws, 
—  -  children  born  before  the  marriage  of  their  parents,  if  ac- 

Sftr    10  '-$  TVTflr 

1873.  '  ''  knowledged  by  the  father  before  or  after  the  marriage,  shall 

be  deemed  legitimate. 

widows  of  coi-     SEC.  4705.  The  widows  of  colored  and  Indian  soldiers  and 

oral  and  Indian       .,  ,.     _ 

soldiers  entitled;  sailor  s  who  have  died,  or  shall  hereafter  die.  by  reason  ol 

evidence  of  mar-  ,  .     .       .  ,  .        ,  ,  . 

riage;  legitimacy  wounds  or  injuries  received,  or  casualty  received,  or  disease 
i^i^i_  contracted,  in  the  military  or  naval  service  of  the  United 

Sec  II    3  Mar 

1873;'  sec.  14,  14  States,  and  in  the  line  of  duty,  shall  be  en  titled  .to  receive 
14"  V  jifne,5  186?;'  the  pension  provided  by  law  without  other  evidence  of  mar- 
1866.  '  L  me>  riage  than  satisfactory  proof  that  the  parties  were  joined 


*n  Carriage  by  some  ceremony  deemed  by  them  obligatory, 
1873-  or  habitually  recognized  each  other  as  man  and  wife,  aiicl 

were  so  recognized  by  their  neighbors,  and  lived  together 
as  such  up  to  the  date  of  enlistment,  when  such  soldier 
sailor  died  in  the  service,  or,  if  otherwise,  to  date  of  death; 
and  the  children  born  of  any  marriage  so  proved  shall  be 
deemed  and  held  to  be  lawful  children  of  such  soldier  or 
Sec.  11,  3  Mar.,  sailor,  but  this  section  shall  not  be  applicable  to  any  claims 
on  account  of  persons  who  enlist  after  the  third  day  of 
March,  one  thousand  eight  hundred  and  seventy-three. 

Remarriage.         SEC.  4708.  The  remarriage  of  any   widow,  dependent 
sec.  14,  3  Mar.,  mother,  or  dependent  sister,  entitled  to  pension,  shall  not 

1873;  Sees.  2  and 

3.  14  July,  1862;  bar  her  right  to  such  pension  to  the  date  of  her  remarriage, 
i&o4;  sec.  6,u?5  whether  an  application  therefor  was  filed  before  or  after 

July,   1866;    Sec.  .  .  - 

10,  27  July,  1868.  such  marriage;  but  on  the  remarriage  of  any  widow,  de- 
pendent mother,  or  dependent  sister,  having  a  pension,  such 
pension  shall  cease. 

SEC.  4735.  No  pension  shall  be  granted  to  a  widow  foi 
a  pension,  the  same  time  that  her  husband  received  one. 


A,t  30  Apr.,  1844.    (See  resolution  23  Jan.,  1845.) 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      57 

AN  ACT  to  regulate  marriages  iu  the  District  of  Columbia.  Act  13  May, 

******* 

SEC.  4.  That  no  marriage  heretofore  solemnized  shall  be  riage8Vvai,?d.mar" 
eemed  or  adjudged  to  be  invalid,  nor  shall  the  validity 
hereof  be  in  any  way  affected ,  on  account  of  any  want  of 
uthority  in  any  person  solemnizing  the  same,  if  consum- 
uited  with  a  full  belief  on  the  part  of  the  persons  so  mar- 
ied,  or  either  of  them,  that  they  were  lawfully  joined  in 

ferriage. 

******* 

Approved,  May  13,  1896. 


ACT  making  one  year's  residence  in  a  Territory  a  prerequisite  to  Act  25  May, 
obtaining  a  divorce  there. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of   Territories. 


he  United  States  of  America  in  Congress  assembled,  That  no  de°J®  Jeeaed  j 
ivorce  shall  be  granted  in  any  Territory  for  any  cause  divorce  proceed- 
mless  the  party  applying  for  the  divorce  shall  have  resided  in 
continuously  in  the  Territory  for  one  year  next  preceding 
he  application:  Provided,  That  this  Act  shall  not  affect 
uy  action  duly  commenced  and  pending  at  the  date  of  thetions. 
assage  thereof. 
Approved,  May  25,  1896. 


SEC.  4725.  All  those  surviving  widows  and  minor  children    jd0alf  Pdyhn° 
tf  ho  have  been  allowed  five  years'  half  pay,  under  the  pro-  dre°- 
'isions  of  any  general  laws  passed  prior  to  the  third  day  of  lg|ec-  1.  3  June, 
une,  eighteen  hundred  and  fifty-eight,  are  granted  a  con- 
inuauce  of  such  half-pay,  to  commence  from  thedateof  the 
ast  payment  under  the  respective  Acts  of  Congress,  grant- 
ng  the  same,  and  the  terms  and  limitations  provided  in  the 
olio  wing  section. 

SEC.  4726.  Such  half-pay  is  gran  ted  to  such  widows  during    Half  pay  to 

f  &  &  widows  and  chil- 

ife,  and,  where  there  is  no  widow,  to  the  children,  while  dren.  _ 
inder  the  age  of  sixteen  years;  but  in  case  of  the  remar-    sec.  i,  3  June, 
iage  or  death  of  any  such  widow,  the  half-pay  shall  go  to 
he  children  of  the  decedent  on  account  of  whose  services  it 
s  claimed,  while  such  children  are  under  sixteen  years  of 
tge,  and  no  longer. 

SEC.  4727.  The  half-pay  of  such  widows  and  children  sh  all 
>e  half  the  monthly  pay  of  the  officers,  non-commissioned  dren 


ifficers,  musicians,  and  privates  of  the  infantry  of  the  Regu-  lg|8ec-  *•>  3  June' 
ar  Army,  and  no  more,  and  no  greater  sum  shall  be  allowed 


58  LAWS    RELATING   TO   ARMY    AND    NAVY    PENSIONS. 

to  any  such  widow  or  minor  children  than  the  half-pay  of  a 
lieutenant-colonel.  But  the  two  preceding  sections  shall 
not  be  construed  to  apply  to  or  embrace  the  case  of  any 
person  receiving  a  pension  for  life  on  the  third  day  of  June, 
eighteen  hundred  and  fifty-eight 5  and,  whenever  half-pay 
has  been  granted  by  any  special  act  of  Congress,  and  re- 
newed or  continued  under  the  provisions  of  those  sections, 
the  same  shall  continue  from  the  date  above  named :  Pro- 
vided, That  pensions  under  this  and  the  two  preceding  sec- 
tions shall  be  varied  in  accordance  with  the  provisions  of 
section  four  thousand  seven  hundred  and  twelve  of  this 
Title. 

(See  Act  June  27, 1890,  p.  61.) 

f°f  SBC<  1656'  Wnen  anv  officer,  non-commissioned  officer, 
in  ar^ncer)  or  private  of  the  militia  or  volunteer  corps  dies  in 
Acts  19  Mar  tlie  service  of>  tue  United  States,  or  in  returning  to  his  place 
isae,  c.  4*'Q8^5'iy-  of  residence  after  being  mustered  out  of  service,  or  at  tiny 
1812', s. 2;  16 Apr.,' time  in  consequence  of  wounds  received  in  service,  and 

1816,8.1;  3  Mar., 

1817,8.1;  4  July,  leaves  a  widow,  or  if  no  widow,  a  child  or  children  under 
18S71,  s!  i.'  "  sixteen  years  of  age,  such  widow,  or  if  no  widow,  such  child 
or  children,  shall  be  entitled  to  receive  half  the  monthly  pay 
to  which  the  deceased  was  entitled,  at  the  time  of  his  death, 
during  the  term  of  five  years;  and  in  case  of  the  death  or 
intermarriage  of  such  widow  before  the  expiration  of  five 
years,  the  half  pay  for  the  remainder  of  the  time  shall  go  to 
the  child  or  children  of  the  decedent.  And  the  Secretary 
of  the  Interior  shall  adopt  such  forms  of  evidence,  in  appli- 
cations under  this  section,  as  the  President  may  prescribe. 

(It  is  evident  from  the  marginal  references  in  the  Revised  Statutes 
opposite  the  preceding  section,  as  well  as  from  the  language  of  the 
next  section  (1657),  that  section  1656  was  intended  to  be  a  reenact- 
ment  of  section  5,  Act  of  March  19, 1836,  in  which  Act,  as  shown  in  its 
sixth  section,  it  was  intended  to  provide  only  for  those  who  served  in 
the  Florida  Indian  war  of  1835-1842,  and  in  which  the  benefits  of 
prior  laws  were  extended  to  those  who  so  served.  Section  1656  has 
always  been  regarded  as  being  superfluous,  as  its  provisions  are  fully 
covered  by  section  4732  of  the  Revised  Statutes.) 


LAWS  GRANTING  PENSIONS  TO  DEPENDENT  RELATIVES. 


4707.  Who  an-  entitled. 


Act  27  June,  1890.  Provisions  of,  who  are  entitled 
to. 


SEC.  4707.  If  any  person  embraced  within  the  provisions  ,  Succession   of 

dependent    rela- 

sections  forty-six  hundred  and  ninety-two  and  forty-six tives- 
miidred  and  ninety-three  has  died  since  the  fourth  day  of^f^'a^atei 
March,  eighteen  hundred  and  sixty-one,  or  shall  hereafter  4,  14  July,  i862; 

,.  '  ,,  ,      .     .     '  ,,  Sec.  12.   6  June. 

lie,  by  reason  of  any  wound,  injury,  casualty,  or  disease,  i806;  sec.  i,  27 
which,  under  the  conditions  and  limitations  of  such  sections,  y' 
ivould  have  entitled  him  to  an  invalid  pension,  and  has  not 
left  or  shall  not  leave  a  widow  or  legitimate  child,  but  has 
eft  or  shall  leave  other  relative  or  relatives  who  were  de- 
pendent upon  him  for  support  in  whole  or  in  part  at  the 
late  of  his  death,  such  relative  or  relatives  shall  be  entitled, 
u  the  following  order  of  precedence,  to  receive  the  same 
tension  as  such  person  would  have  been  entitled  to  had  he 
n  totally  disabled,  to  commence  from  the  death  of  such 
>ersou,  namely:  First,  the  mother;  secondly,  the  father; 
;hirdly,  orphan  brothers  and  sisters  under  sixteen  years  of 
ige,  who  shall  be  pensioned  jointly :  Provided,  That  where 
)rphan  children  of  the  same  parent  have  different  guardians, 
>r  a  portion  of  them  only  are  under  guardianship,  the  share 
>f  the  joint  pension  to  which  each  ward  shall  be  entitled 
,hall  be  paid  to  the  guardian  of  such  ward :  Provided,  That 
fin  any  case  said  person  shall  have  left  father  and  mother 
vho  are  dependent  upon  him,  then,  on  the  death  of  the 
nother,  the  father  shall  become  entitled  to  the  pension, 
commencing  from  and  after  the  death  of  the  mother;  and 
ipou  the  death  of  the  mother  and  father,  or  upon  the  death 
>f  the  father  and  the  remarriage  of  the  mother,  the  dependent 
>rothers  and  sisters  under  sixteen  years  of  age  shall  jointly 
)ecome  entitled  to  such  pension  until  they  attain  the  age  of 
sixteen  years,  respectively,  commencing  from  the  death  or 
emarriage  of  the  party  who  had  the  prior  right  to  the  pen- 
ion:  Provided,  That  a  mother  shall  be  assumed  to  have 
>een  dependent  upon  her  son  within  the  meaning  of  this 
ection  if,  at  the  date  of  his  death,  she  had  no  other  adequate 
aeans  of  support  than  the  ordinary  proceeds  of  her  own 

59 


00  LAWS   RELATING   TO   ARMY   AND    NAVY    PENSIONS. 

manual  labor  and  the  contributions  of  said  son  or  of  any 
other  persons  not  legally  bound  to  aid  in  her  support;  and 
if,  by  actual  contributions,  or  in  any  other  way,  the  son  had 
recognized  his  obligations  to  aid  in  support  of  his  mother, 
or  was  by  law  bound  to  such  support,  and  that  a  father  or  a 
minor  brother  or  sister  shall,  in  like  manner  and  under  like 
conditions,  be  assumed  to  have  been  dependent,  except  that 
the  income  which  was  derived  or  derivable  from  his  actual 
or  possible  manual  labor  shall  be  taken  into  account  in  esti- 
mating a  father's  means  of  independent  support :  Provided 
further,  That  the  pension  allowed  to  any  person  on  account 
of  his  or  her  dependence,  as  hereinbefore  provided,  shall  not 
be  paid  for  any  period  during  which  it  shall  not  be  neces- 
sary as  a  means  of  adequate  subsistence. 

(See  Acts  approved  March  19,  1886, p.  55;  June  27,  1890, 
p.  61.) 


ACT  JUNE  27, 1890. 


Let  27  June,  1890.    Provisions  of. 


Joint  Resolution,  25  February,   1895.    Missouri 
Militia,  applying  Act  27  June,  1890. 


|<.N  ACT  granting  pensions  to  soldiers  and  sailors  who  are  incapaei-     Act  27  June, 

tatod  for  the  performance  of  manual  labor,  and  providing  for  pen- ! 

sions  to  widows,  minor  children,  and  dependent  parents.* 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
\he  United  States  of  America  in  Congress  assembled,  That  in  ^ependentpar- 
|onsidering  the  pension  claims  of  dependent  parents,  the 
,'t  of  the  soldier's  death  by  reason  of  any  wound,  injury, 
I  asualty,  or  disease  which,  under  the  conditions  and  limita. 
|ions  of  existing  laws,  would  have  entitled  him  to  an 
ti valid  pension,  and  the  fact  that  the  soldier  left  no  widow 
Ir  minor  children  having  been  shown  as  required  by  law, 
fc  shall  be  necessary  only  to  show  by  competent  and  suffi- 
ient  evidence  that  such  parent  or  parents  are  without 
]ther  present  means  of  support  than  their  own  manual 
ibor  or  the  contributions  of  others  not  legally  bound  for 
icir   support:    Provided,  That  all  pensions  allowed  to 
ependent  parents  under  this  Act  shall  commence  from 
ate  of  the  filing  of  the  application  hereunder  and  shall 
[ontinue  no  longer  than  the  existence  of  the  dependence. 
SEC.  2.  That  all  persons  who  served  ninety  days    or .  invalid,  serv- 

J          J  ice  ninety  days. 

iore  in  the  military  or  naval  service  of  the  United  States 
juring  the  late  war  of  the  rebellion  and  who  have  been  hon- 
?ably  discharged  therefrom,  and  who  are  now  or  who  may    Honorable  dis- 
|ereafter  be  suffering  from  a  mental  or  physical  disability  ° 

a  permanent  character,  not  the  result  of  their  own  vi- 
ious  habits,  which  incapacitates  them  from  the  perform- 
ice  of  manual  labor  in  such  a  degree  as  to  render  them 
table  to  earn  a  support,  shall,  upon  making  due  proof  of 
fact  according  to  such  rules  and  regulations  as  the  Sec- 
tary of  the  Interior  may  provide,  be  placed  upon  the  list 
invalid  pensioners  of  the  United  States,  and  be  entitled 
receive  a  pension  not  exceeding  twelve  dollars  per  month, 
id  not  less  than  six  dollars  per  month,  proportioned  to 
degree  of  inability  to  earn  a  support ;  and  sucli  pension 


For  rules  and  regulations  for  applying  hereunder, 


see  p.  179. 


61 


62  LAWS    RELATING   TO   ARMY    AND    NAVY    PENSIONS. 

shall  commence  from  the  date  of  the  filing  of  the  applica- 
tion in  the  Pension  Office,  after  the  passage  of  this  Act 
upon  proof  that  the  disability  then  existed,  and  shall  con- 
tinue during  the  existence  of  the   same:  Provided,  That 
persons  who  are  now  receiving   pensions  under  existing 
laws,  or  whose  claims  are  pending  in  the  Pension  Office, 
may,  by  application  to  the  Commissioner  of  Pensions,  in 
such  form  as  he  may  prescribe,  showing  themselves  ent 
tied  thereto,  receive  the  benefits  of  this  Act;  and  nothin 
herein  contained  shall  be  so  construed  as  to  prevent  an 
pensioner  thereunder  from  prosecuting  his  claim  and  re 
ceiving  his  pension  under  any  other  general  or  special  Act 
Provided,  however,  That  no  person  shall  receive  more  tha 
one  pension  for   the  same   period :  And  provided  further 
That  rank  in  the  service  shall  not  be  considered  in  appl 
cations  filed  under  this  Act. 
widows  and     SEC.  3.  That  if  any  officer  or  enlisted  man  who  servec 
ninety  days  or  more  in  the  Army  or  Navy  of  the  Unitec 
States  during  the  late  war  of  the  rebellion,  and  who  wa 
honorably  discharged  has  died,  or  shall  hereafter  die,  leav 
ing  a  widow  without  other  means  of  support  than  her  dail 
labor,  or  minor  children  under  the  age  of  sixteen  years 
such  widow  shall  upon  due  proof  of  her  husband's  death 
without  proving  his  death  to  be  the  result  of  his  arm 
service,  be  placed  on  the  pension-roll  from  the  date  of  th 
application  therefor  under  this  Act,  at  the  rate  of  eigh 
dollars  per  month  during  her  widowhood,  and  shall  also  b 
paid  two  dollars  per  month  for  each  child  of  such  officer  o 
enlisted  man  under  sixteen  years  of  age,  and  in  case  of  th 
death  or  remarriage  of  the  widow,  leaving  a  child  or  chil 
dren  of  such  officer  or  enlisted  man  under  the  age  of  sixtee 
years,  such  pension  shall  be  paid  such  child  or  childre 
until  the  age  of  sixteen :  Provided,  That  in  case  a  mi  no 
insane  or  per-  child  is  insane,  idiotic,  or  otherwise  permanently  helpless 

Ses^chiiJren.6  p  the  pension  shall  continue  during  the  life  of  said  child,  o 
during  the  period  of  such  disability,  and  this  proviso  shal 
apply  to  all  pensions  heretofore  granted  or  hereafter  to  lj 
granted  under  this  or  any  former  statute,  and  such  peiv 
sions  shall  commence  from  the  date  of  application  ther€ 
for  after  the  passage  of  this  Act :  And  provided  furthet 
That  said  widow  shall  have  married  said  soldier  prior  t 
the  passage  of  this  Act. 

Attorney,  fee  of.  gEa  4.  Thatno  agent,  attorney,  or  other  person  engage 
in  preparing,  presenting,  or  prosecuting  any  claim  unde 
the  provisions  of  this  Act  shall,  directly  or  indirectly,  COT 
tract  for,  demand,  receive,  or  retain  for  such  services  i 


LAWS    RELATING    TO    ARMY   AND   NAVY    PENSIONS. 


63 


reparing,  presenting,  or  prosecuting  such  claim  a  sum 
I  greater  than  ten  dollars,  which  sum  shall  be  payable  only 
jipon  the  order  of  the  Commissioner  of  Pensions,  by  the 
)ension  agent  making  payment  of  the  pension  allowed,  and 
Iti) y  person  who  shall  violate  any  of  the  provisions  of  this 
Lection,  or  who  shall  wrongfully  withhold  from  a  pensioner  wrongful i.\ 

.     .  ,      ,  f  .  ,    .       withholding  peu- 

r  claimant  the  whole  or  any  part  of  a  pension  or  claim  8ion  from  pen- 
Allowed  or  due  such  pensioner  or  claimant  under  this  Act,8" 

hall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 

-ictiou  thereof  shall,  for  each  and  every  such  offence,  be 

lined  not  exceeding  five  hundred  dollars,  or  be  imprisoned    Fine  and  im- 

|  hard  labor  not  exceeding  two  years,  or  both,  in  the  dis-  i>ri80nment- 
Iretion  of  the  court. 
Approved,  June  27,  1890. 


The  provisions  of  the  above  Act  extended  by  the  following 
\rint  resolution: 


lOINT  RESOLUTION  to  restore  the  status  of  the  Missouri 
who  served  during  the  late  war. 


Militia     Joint  resolu- 
tion 15  Feb.,  1895. 


Resolved  by  the  Senate  and  House  of  Representatives  of  the    Act  of  June  21. 
rnited  States  of  America  in  Congress  assembled^  That  the  certaiuPKsouri 
revisions  of  the  Act  of  June  twenty-seventh,  eighteen  hun-  wTd  o  we    and 
red  and  ninety,  be,  and  are  hereby,  extended  to  include™3 
Jie  officers  and  privates  of  the  Missouri  State  Militia  and 
le  Provisional  Missouri  Militia  who  served  ninety  days 
ariug  the  late  war  of  the  rebellion,  and  were  honorably 
ischarged,  and  to  the  widows  and  minor  children  of  such 
ons.    The  provisons  of  this  Act  shall  include  all  such 
ns  now  on  the  pension  rolls,  or  who  may  hereafter 
)ply  to  be  admitted  thereto. 
Approved,  February  15,  1895. 


LAWS  GRANTING  PENSION  TO  ARMY  NURSES  FOR  SERVICE  IN 
THE  LATE  WAR  OF  THE  REBELLION. 

Act  5  A  ugust,  1892.     Who  are  entitled. 


Acts  Aug..  1892.  AN  ACT  granting  pensions  to  :irmy  nurses. 

to     ^e  **  enac^ea  %  ^ne  Senate  and  House  of  Representatives  oj 
the  United  States  of  America  in  Congress  assembled.  That  al 
women  employed  by  the  Surgeon  General  of  the  Army  a 
nurses,  under  contract  or  otherwise,  during  the  late  waro 
the  rebellion,  or  who  were  employed  as  nurses  during  sue 
period  by  authority  which  is  recognized  by  the  War  Depart 
ment,  and  who  rendered  actual  service  as  nurses  in  attend 
ance  upon  the  sick  or  wounded  in  any  regimental,  post 
camp,  or  general  hospital  of  the  armies  of  the  United  State 

Period  of  aerv- for  a  period  of  six  months  or  more,  and  who  were  honora- 
bly relieved  from  such  service,  and  who  are  now  or  ma; 
hereafter  be  unable  to  earn  a  support,  shall,  upon  making 
due  proof  of  the  fact  according  to  such  rules  and  regula 
tions  as  the  Secretary  of  the  Interior  may  provide,  be 
placed  upon  the  list  of  pensioners  of  the  United  State 

Entitled  to  $12  and  be  entitled  to  receive  a  pension  of  twelve  dollars  pe 
month,  and  such  pension  shall  commence  from  the  date  o 
the  filing  of  the  application  in  the  Pension  Office  after  th( 
passage  of  this  Act :  Provided,  That  no  person  shall  receive 
more  than  one  pension  for  the  same  period. 

e?8ateion°to°a£     SEC<  2'  That  n(*fee'  compensation,  or  allowance  shall  b< 

torneys.  paid  to,  received,  or  accepted  by  any  agent,  attorney,  o 

other  person  instrumental  in  the  prosecution  of  any  claim 

for  pension  under  this  Act;  and  any  person  who  may  make 

any  claim  upon  any  applicant  for  any  fee,  compensation,  01 

allowance  shall  be  guilty  of  a  misdemeanor,  and  upon  con 

viction  shall  be  fined  not  exceeding  five  hundred  dollars,  01 

imprisoned  at  hard  labor  not  exceeding  one  year,  or  both. 

in  the  discretion  of  the  court;  and  it  shall  be  the  duty  ot 

the  Interior  and  War  Departments  to  render  all  proper  aic 

to  applicants  under  this  Act. 

Approved,  August  5,  1892. 

64 


AWS  GRANTING  PENSIONS  FOR  SERVICE  IN  THE  REVOLUTION- 
ARY WAR,  WAR  OF  1812,  AND  VARIOUS  INDIAN  WARS. 


SEC.  4732.  Widows  and  minor  children,  war  of 

1812 ;  various  Indian  wars. 
?EC.  4736.  Certain   soldiers   and   sailors,   war  of 

1812. 

EC.  4737.  Rate  under  section  4736. 
EC.  4738.  Widows  of  officers,  etc.,  war  of  1812. 
EC.  4739.  As  to  proof  under  4736,  4737,  and  4738. 
EC.  4740.  Loss  of  discharge  certificate. 


Act  9  March,  1878.  Amending  laws  granting  pen- 
sions to  soldiers  and  sailors,  war  of 
1812,  and  their  widows. 

SEC.  4742.  Claims  for  revolutionary  pension,  pay- 
ment prohibited. 

SEC.  4743.  Evidence  necessary  to  enable  widows 
of  revolutionary  soldiers  to  obtain 
pension. 


SEC.  4732.  The  widows  and  children  under  sixteen  years    widow,8  and, 

minor  children  of 

f  age,  of  the  officers,  non-commissioned  officers,  musicians,  persons  engaged 

7  in  the  war  with 

ud  privates  of  the  regulars,  militia,  and  volunteers  of  the  Mexico  and  .n 
var  of  one  thousand  eight  hundred  and  twelve,  and  the  dian  wars. 
arious  Indian  wars  since  one  thousand  seven  hundred  and  sec.  i,  4  July, 
inety,  who  remained  at  the  date  of  their  death  in  the  mili-  and  '3,  2i8'  July,' 
dry  service  of  the  United  States,  or  who  received  an  hon-  reb.;,  fl&^pro2- 
rable  discharge  and  have  died  or  shall  hereafter  die  ofJvCjb 
ijury  received  or  disease  contracted  in  the  service  and  in3  June'  1858- 
ae  line  of  duty,  shall  be  entitled  to  receive  half  the  monthly 
ay  to  which  the  deceased  was  entitled  at  the  time  he  re- 
eived  the  injury  or  contracted  the  disease  which  resulted 
his  death.  But  no  half-pay  pension  shall  exceed  the 
alf  pay  of  a  lieutenant-colonel,  and  such  half-pay  pension 
hall  be  varied  after  the  twenty-fifth  day  of  July,  one  thou- 
and  eight  hundred  and  sixty-six,  in  accordance  with  the 
revisions  of  section  four  thousand  seven  hundred  and 
welve  of  this  Title. 


SEC.  4736.  The  Secretary  of  the  Interior  is  directed 
lace  on  the  pension-roll  the  names  of  the  surviving  officers 
nd  enlisted  and  drafted  men,  including  militia  and  volun 


Sec  1  14Feb 

sers,  of  the  military  and  naval  service  of  the  United  States,  18I^9Mar  1878 
ho  served  sixty  days  in  the  war  with  Great  Britain,  of 
jghteen  hundred  and  twelve,  and  were  honorably  dis- 
harged,  and  such  other  officers  and  soldiers  as  may  have 
>een  personally  named  in  any  resolution  of  Congress  for  any 
pecific  service  in  that  war,  although  their  term  of  service 
aay  have  been  less  than  sixty  days,  subject,  however,  to 
he  provisions  of  section  forty-seven  hundred  and  sixteen. 

5323—02  -  5  ^ 


66  LAWS    RELATING    TO    ARMY   AND    NAVY    PENSIONS. 


SECt  4737'  Pensions>  under  the  preceding  section,  shall 
be  at  the  rate  of  eight  dollars  per  month,  and  shall  be  paid 
i87icc'2'  14  Feb''  *°  ^e  Persous  entitled  thereto  for  the  term  of  their  lives 
see9Mar.,  ms.  from  and  after  the  fourteenth  day  of  February,  eighteen 
hundred  and  seventy-one.     But  that  section  shall  not  apply 
to  any  person  who  is  receiving  a  pension  at  the  rate  of  eight 
dollars  or  more  per  month  ;  nor  to  any  person  who  is  receiv 
ing  a  pension  less  than  eight  dollars  per  month,  except  for 
the  difference  between  the  pension  now  received  and  eight 
dollars  per  month. 

*  ^738.  The  surviving  widows  of  such  persons  as  are 
ti*c£5ofi8i2°f  emkraced  w^niu  ^ue  provisions  of  the  two  preceding  sec- 
sec  i  u  Feb  ^O11S  shall  be  allowed,  on  the  conditions  and  limitations 
18see9Mar  1878  ^nere^n  expressed,  the  same  pension  that  such  persons  them- 
selves would  have  been  entitled  to  receive  thereunder  if 
living  on  the  fourteenth  day  of  February,  eighteen  hundred 
and  seventy-one:  Provided,  however  ,  Such  widows  were 
married  to  the  husbands,  on  account  of  whose  services 
the  pension  is  claimed,  prior  to  the  treaty  of  peace  which 
terminated  the  war  of  eighteen  hundred  and  twelve,  and 
have  not  remarried. 

proof  required  ;     SEC.  4739.  Before  the  name  of  any  person  is  placed  upon 

names  may  be 

stricken  from  the  pension-roll  under  the  three  preceding  sections,  prooi 

--  —  shall  be  made,  under  such  regulations  as  the  Secretary  ot 

is??6'  '       e  ''  the  Interior  may  prescribe,  that  the  applicant  is  entitled  to 

See  9  Mar  1878 

'  a  pension  under  the  provisions  of  the  sections  herein  cited  j 
and  the  Secretary  of  the  Interior  shall  cause  to  be  stricken, 
from  the  pension-roll  the  name  of  any  person  whenever  i 
appears,  by  proof  satisfactory,  that  such  name  was  put 
upon  such  roll  through  false  or  fraudulent  representations. 

LOSS  of  dis-     SEC.  4740.  The  loss  of  a  certificate  of  discharge  shall  not 

cate.rg         J  deprive,  an  applicant  of  the  benefits  of  sections  forty-seven 

sec.  s,  u  Feb.,  hundred  and  thirty-six,  forty-seven,  hundred  and  thirty- 

See  9Mar.,i878.  seven,  and  forty-seven  hundred  and  thirty-eight,  but  other 

proof  of  services  performed  and  of  an  honorable  discharge^ 

if  deemed  satisfactory,  shall  be  sufficient. 


Sections  4738,  4739, 4740,  as  above,  amended  by  the  follow^ 
ing  Act: 

Act  9   Mar.,  AN  ACT  amending  the  laws  granting  pensions  to  the  soldiers  and 

B78' sailors  of  the  war  of  eighteen  hundred  and  twelve,   and  theif 

widows,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 


LAWS   RELATING  TO   ARMY   AND   NAVY   PENSIONS.  67 

d  directed  to  place  on  the  pension-roll  the  names  of  the 
viving  officers  and  enlisted  and  drafted  men,  without 
gard  to  color,  including  militia  and  volunteers,  of  the 
litary  and  naval  service  of  the  United  States  who  served 
fourteen  days  in  the  war  with  Great  Britain  of  eighteen 
mired  and  twelve,  or  who  were  in  any  engagement  and  4m  in' 

re  honorably  discharged,  and  the  surviving  widows  of 
ch  officers  and  enlisted  and  drafted  men. 
SEC.  2.  That  this  Act  shall  not  apply  to  any  person  who 
receiving  a  pension  at  the  rate  of  eight  dollars  per  month 
more,  nor  to  any  person  receiving  a  pension  of  less  than 
lit  dollars  per  month,  except  for  the  difference  between 
5  pension  now  received  (if  less  than  eight  dollars  per 
nth)  and  eight  dollars  per  month.  Pensions  under  this 
t  shall  be  at  the  rate  of  eight  dollars  per  month,  except 
herein  provided,  and  shall  be  paid  to  the  persons  enti- 
d  thereto,  from  and  after  the  passage  of  this  Act,  for 
d  during  their  natural  lives:  Provided,  That  the  pensions 
widows  provided  for  in  this  Act  shall  cease  when  they 
all  marry  again. 

SEC.  3.  That  before  the  name  of  any  person  shall  be 
aced  upon  the  pension-rolls  under  this  Act  proof  shall 
made,  under  such  rules  and  regulations  as  the  Cominis- 
ner  of  Pensions,  with  the  approval  of  the  Secretary  of 
e  Interior,  shall  prescribe,  that  the  applicant  is  entitled 
a  pension  under  this  Act;  and  any  person  who  shall 
sely  take  any  oath  required  to  be  taken  under  the  pro- 
ions  of  this  Act  shall  be  guilty  of  perjury;  and  the  Sec- 
ary  of  the  Interior  shall  cause  to  be  stricken  from  the 
Is  the  name  of  any  person  when  it  shall  appear,  by  proof 
isfactory  to  him,  that  such  name  was  put  on  said  rolls  by 
through  false  or  fraudulent  representations,  or  by  mistake 
to  the  right  of  such  person  to  a  pension  under  this  Act. 
e  loss  or  lack  of  a  certificate  of  discharge  shall  not  deprive 
(applicant  of  the  benefit  of  this  Act,  but  other  proof  of 
:  service  performed  and  of  an  honorable  discharge,  if 
isfactory,  shall  be  deemed  sufficient;  and  when  there  is 
record  evidence  of  such  service  and  such  discharge,  the 
plicant  may  establish  the  same  by  other  satisfactory  testi- 
ny :  Provided,  That  when  any  person  has  been  granted 
and-warrant,  under  any  Act  of  Congress,  for  and  on 
count  of  service  in  the  said  war  of  eighteen  hundred  and 
elve,  such  grant  shall  be  prima-facie  evidence  of  his 
vice  and  honorable  discharge,  so  as  to  entitle  him,  if 
ing,  or  his  widow  if  he  be  dead,  to  a  pension  under  this 
t;  but  such  evidence  shall  not  be  conclusive,  and  may  be 


68  LAWS   RELATING   TO  ARMY   AND   NAVY   PENSIONS. 

rebutted  by  evidence  that  such  land-warrant  was  impropj 
erly  granted. 

SEC.  4.  That  all  applications  for  pensions  of  the  classei 
provided  for  in  this  act  heretofore  or  which  may  hereaftei 
be  made  shall  be  considered  and  decided  as  though  mnd< 
under  this  Act;  and  all  laws  now  in  force  in  regard  to  tin 
manner  ot  paying  pensions,  and  in  reference  to  the  punish 
ment  of  frauds,  shall  be  applicable  to  all  claims  under  th< 
provisions  of  this  Act. 

SEC.  5.  That  the  Secretary  of  the  Interior  be,  and  he  i 
hereby,  authorized  and  directed  to  restore  to  the  pension 
rolls  the  names  of  all  persons  now  surviving  heretofore  pen 
sioned  on  account  of  service  in  the  war  of  eighteen  hundra] 
and  twelve  against  Great  Britain  or  for  service  in  any  o 
the  Indian  wars,  and  whose  names  were  stricken  from  th 
rolls  in  pursuance  of  the  Act  entitled  "An  Act  authorizin  I 
the  Secretary  of  the  Interior  to  strike  from  the  pension-roll! 
the  names  of  such  persons  as  have  taken  up  arms  agains 
the  government  or  who  have  in  any  manner  encouraged  thl 
rebels,"  approved  February  fourth,  eighteen  hundred  an  I 
sixty- two;  and  that  the  joint  resolution  entitled  "  Joirt 
resolution  prohibiting  payment  by  any  officer  of  the  gou 
eminent  to  any  person  not  known  to  have  been  opposed  tl 
the  rebellion  and  in  favor  of  its  suppression,"  approve} 
March  second,  eighteen  hundred  and  sixty- seven,  and  se« 
tion  forty- seven  hundred  and  sixteen  of  the  Ee vised  Stai 
utes  of  the  United  States,  shall  not  apply  to  the  person 
provided  for  by  this  Act :  Provided,  That  no  money  shal 
be  paid  to  any  one  on  account  of  pensions  for  the  time  dui 
ing  which  his  name  remained  stricken  from  the  rolls. 

SEC.  6.  That  the  surviving  widow  of  any  pensioner  of  til 
war  of  eighteen  hundred  and  twelve,  where  the  name  || 
said  pensioner  was  stricken  from  the  pension-rolls  in  pul 
suance  of  the  Act  entitled  u  An  Act  authorizing  the  Seer  I 
tary  of  the  Interior  to  strike  from  the  pension-rolls  til 
names  of  such  persons  as  have  taken  up  arms  against  tl 
government  or  who  have  in  any  manner  encouraged  tl 
rebels,"  approved  February  fourth,  eighteen  hundred  ail 
sixty -two,  and  where,  under  the  existing  provisions  of  laJ 
said  pensioner  died  without  his  name  being  restored  to  til 
rolls,  shall  be  entitled  to  make  claim  for  a  pension  as  su<| 
widow  after  the  passage  of  this  Act :  Provided,  That  no  su<| 
arrearages  shall  be  paid  for  any  period  prior  to  the  time  I 
the  removal  of  the  disability  of  the  pensioner,  as  providJ 
in  section  five:  And  provided  further,  That  under  this  Al 
any  widow  of  a  revolutionary  soldier  who  served  for  foul 


LAWS   RELATING    TO   ARMY   AND   NAVY   PENSIONS.  69 

n  days  or  was  in  any  engagement  shall  be  placed  on  the 

ision  rolls  of  the  United  States  and  receive  a  pension  at 

>  rate  of  eight  dollars  per  month. 

}EC,  7.  That  all  laws  and  clauses  of  laws  in  conflict  with 

s  Act  be,  and  they  are  hereby,  repealed. 

Vpproved,  March  9, 1878. 


SEC.  4742.  From  and  after  the  second  day  of  April,  eight- .  certain  claims 

for    Re  volution - 

hundred  and  sixty-two,  no  claim  for  a  pension,  or 
increase  of  pension,  shall  be  allowed  in  favor  of  the  chil- 

Act2  Apr.  1862. 

m  or  other  descendants  of  any  person  who  served  in  the 
r  of  the  Revolution,  or  of  the  widow  of  such  person,  when 
ih  person  or  his  widow  died  without  having  established 
laim  to  a  pension. 

SEC.  4743.  In  all  cases  where  a  pension  has  been  granted  e  J^6™^^ 
any  officer  or  soldier  of  the  Revolution  in  his  life-time,  widows  of  Revo- 
evidence  upon  which  such  pension  was  granted  shall  be  to  1  o°     ™ 
iclusive  of  the  service  of  such  officer  or  soldier  in  the  ap- su 


cation  of  any  widow,  or  woman  who  may  have  been  thei  jiy8, 
low,  of  such  officer  or  soldier,  for  a  pension  5  and  upon 
)of  by  her  that  she  was  married  to  any  such  officer  or 
dier  and  that  she  is  a  widow,  she  shall  thereupon  be 
iced  upon  the  pension-rolls  at  the  same  rate  that  such 
icer  or  soldier  received  during  his  life-time. 


LAWS  GRANTING  PENSIONS  FOR  SERVICE  IN  THE  INDIAN  WARS. 


EC:.  1657.  Volunteers  or  militia;  service,  Indian      Act  February  3,  1893.    Proof  as  to  citizenship 

depredations  in  Florida.  under  Act  July  27,  1892. 

let  July  27, 1892.  Who  are  entitled ;  rate  of  pen- 
sion under;  provisions  as  to  applica- 
tions and  proof  under;  Sec.  4716,  R. 
S.,  repealed  as  to. 

SEC.  1G57.  The  volunteers  or  militia,  who  have  been  re-    volunteers, 

7  etc.,  to  suppress 

,eived  into  the  service  of  the  United  States,  to  suppress  Indian  depreda- 
tions in  Florida ; 

ndiau  depredations  in  Florida,  shall  be  entitled  to  all  the  benefits  to. 
jenefits  which  are  conferred  on  persons  wounded  or  other-    ActT  19   Mar. 
jvise  disabled  in  the  service  of  the  United  States.  5,  p.' 7. 


N  ACT  granting  pensions  to  survivors  of  the    Indian    wars    of  Act    27   July, 

eighteen  hundred  and  thirty-two  to  eighteen  hundred  and  forty-      *" 

two,  inclusive,  known  as  the  Black  Hawk  war,  Creek  war,  Cherokee 
disturbances,  and  the  Seminole  war. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  Surviving  offi- 
he  United  States  of  America  in  Congress  asssembled,  That  men  who  served 


he  Secretary  of  the  Interior  be,  and  he  is  hereby,  author- 
zed  and  directed  to  place  on  the  pension  roll  the  names  oi 
;he  surviving  officers  and  enlisted  men,  including  marines, 
militia,  and  volunteers  of  the  military  and  naval  service  of 
he  United  States,  who  served  for  thirty  days  in  the  Black 
lawk  war,  the  Creek  war,  the  Cherokee  disturbances,  or 
he  Florida  war  with  the  Seminole  Indians,  embracing  a 
period  from  eighteen  hundred  and  thirty-two  to  eighteen 
mndred  and  forty-two,  inclusive,  and  were  honorably  dis-    An  honorable 
harged,  and  such  other  officers,  soldiers,  and  sailors  as  thirty  days'  »erv- 
may  have  been  personally  named  in  any  resolution  of  Con-  ecnetit^quisite  to 
»ress,  for  any  specific  service  in  said  Indian  wars,  although 
lieir  term  of  service  may  have  been  less  than  thirty  days, 
md  the  surviving  widows  of  such  officers  and  enlisted  men : 
^rovided,  That  such  widows  have  not  remarried :  Provided    widows. 
further,  That  this  Act  shall  not  apply  to  any  person  not  a 
itizen  of  the  United  States. 

SEC.  2.  That  pensions  under  this  Act  shall  be  at  the  rate    Rate  of  pen- 
)f  eight  dollars  per  month,  and  payable  from  and  after  the  month1, 
passage  of  this  Act,  for  and  during  the  natural  lives  of  the 
persons  entitled  thereto. 

71 


Foreigners,  no 
title. 


72      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 


SEC-  3>  That  before  tne  name  of  any  person  shall  be 
prescribe  rules,  placed  oil  the  pension  roll  under  this  Act,  proof  shall  be 
made,  under  such  rules  and  regulations  as  the  Secretary  of 
the  Interior  may  prescribe,  of  the  right  of  the  applicant  to 
juf  alse  oath  per"  a  pension  ;  and  any  person  who  shall  falsely  and  corruptly 
take  any  oath  required  under  this  Act  shall  be  deemed 

8tric^nfroiuron^u^^  °*  PerJury>  an^  *ne  Secretary  of  the  Interior  shall 
for  fraud.  cause  to  be  stricken  from  the  pension  roll  the  name  of  any 
person  whenever  it  shall  be  made  to  appear  by  proof  satis- 
factory to  him  that  such  name  was  put  upon  such  roll 
through  false  and  fraudulent  representations,  and  that 
such  person  is  not  entitled  to  a  pension  under  this  Act. 


cha     certificate  Tlie  loss  of  tne  certificate  of  discharge  shall  not  deprive 
not  a  bar.          any  person  of  the  benefits  of  this  Act,  but  other  evidence  of 

service  performed  and  of  an  honorable  discharge  may  be 

deemed  sufficient. 
Not  in  addition     SEC.  4.  That  this  Act  shall  not  apply  to  any  person  who 

to  existing  pen- 

sion. is  receiving  a  pension  at  the  rate  of  eight  dollars  per  month 

or  more,  nor  to  any  person  receiving  a  pension  of  less  than 
eight  dollars  per  month,  except  for  the  difference  between 
the  pension  now  received  (if  less  than  eight  dollars  per 
month)  and  eight  dollars  per  month. 
Pension  laws  SEC.  5.  That  the  pension  laws  now  in  force,  which  are 

now      in      force 

made  applicable,  not  inconsistent  or  in  conflict  with  this  Act,  are  hereby 
made  a  part  of  this  Act,  so  far  as  they  may  be  applicable 
thereto. 

pe^onfe^ged     S]EC'  6'  Tnat  section  forty-seven  hundred  and  sixteen  of 
excluded1011  not  tne  Revised  Statutes  is  hereby  repealed,  so  far  as  the  same 
relates  to  this  Act  or  to  pensioners  under  this  Act. 
Approved  July  27,  1892. 


The  provisions  of  the  above  Act  extended  by  the  following 
Act: 

3930t    3    Feb>'  ^  ACT  relatinS  to  proof  of  citizenship  of  applicants  for  Indian  war 
pensions  under  the  Act  of  Congress  approved  July  twenty-seventh, 


*T 


eighteen  hundred  and  ninety-two. 

citizenship  in  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
the  Commissioner  of  Pensions  be,  and  he  is  hereby,  author- 
ized and  directed  to  accept  as  sufficient  proof  of  the  citizen- 
ship of  an  applicant  for  pension  under  said  act  of  July 
twenty-seventh,  eighteen  hundred  and  ninety-two,  the 
fact  that  such  applicant  at  the  date  of  the  application 
was  an  actual  and  bona  fide  resident  of  the  United  States. 
Approved,  February  3,  1893. 


ILAWS  GRANTING   PENSIONS   FOR  SERVICE   DURING  THE 

MEXICAN  WAR. 


4730.  Mexican  war;  regulars  or  volunteers 

disabled  in. 

4731.  Widows  and  children  of  regulars  or 

volunteers  disabled  in  Mexican  war. 
January  29, 1887.  Granting  pension  to  surviv- 
ors, and  to  surviving  widows  of  offi- 
cers and  enlisted  men  who  served  in 
Mexican  war;  rate,  application  and 
proof  under ;  Sec.  4716  repealed  as  to ; 
political  disability  a  bar. 


Act  March  3, 1891.  Powell's  Battalion  of  Missouri 
Mounted  Volunteers. 

Act  January  5,  1893.  Increase  in  certain  Mexican 
war  survivors'  cases. 

Act  received  by  President  February  5,  1897,  be- 
coming a  law  without  his  approval. 
Gray's  Battalion  of  Arkansas  Volun- 
teers. 


Mexican  war; 
or  vol- 


>EC.  4730.  Any  officer,  non-commissioned  officer,  musi-  reg^g*°! 
In,  or  private,  whether  of  the  Eegular  Army  or  volunteer,  gnteers  disabled 
abled  by  reason  of  injury  received  or  disease  contracted    Sec  7  13  Ma 
ile  in  the  line  of  duty  in  actual  service  in  the  war  with  WM  ;'Jtec.  s,  21 
pico,  or  in  going  to  or  returning  from  the  same,  who  re- 
red  an  honorable  discharge,  shall  be  entitled  to  a  pension 
bportionate  to  his  disability,  not  exceeding  for  total  dis- 
ility  half  the  pay  of  his  rank  at  the  date  at  which  he  re- 
ved  the  wound  or  contracted  the  disease  which  resulted 
[such  disability.    But  no  pension  shall  exceed  half  the 
of  a  lieutenant-colonel. 

EC.  4731.  If  any  officer  or  other  person  referred  to  in    widows  and 

children  of  regu- 

b  preceding  section  has  died,  or  shall  hereafter  die,  byiars  or  voiun- 

„  .     .  .        ,  ,.  ,     ,  ,       teersintheMex- 

|,son  of  any  injury  received  or  disease  contracted  under  lean  war. 

circumstances  therein  set  forth,  his  widow  shall  be  en-    sees,  i,  2,  21 
|ed  to  receive  the  same  pension  as  the  husband  would 
re  been  entitled  to  had  he  been  totally  disabled ;  and  in 28  Sept*' 1850< 
of  her  death  or  remarriage,  the  child  or  children  of 
officer  or  other  person  referred  to  in  the  preceding 
bion,  while  under  the  age  of  sixteen  years,  shall  be  en- 
led  to  receive  the  pension.    But  the  rate  of  pension  pre- 
(ibed  by  this  and  the  preceding  section  shall  be  varied 
jr  the  twenty-fifth  day  of  July,  eighteen  hundred  and 
by-six,  in  accordance  with  the  provisions  of  section  four 
id  seven  hundred  and  twelve  of  this  title. 

73 


74      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

Act  29  Jan.,  AN  ACT  granting  pensions  to  the  soldiers  and  sailors  of  the  Mexican 
! war,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized J 

who  entitled,  and  directed  to.  place  on  the  pension-roll  the  names  of  the 
surviving  officers  and  enlisted  men,  including  marines, 
militia,  and  volunteers,  of  the  military  and  naval  services 
of  the  United  States,  who  being  duly  enlisted,  actually j 
served  sixty  days  with  the  Army  or  Navy  of  the  United 
States  in  Mexico,  or  on  the  coasts  or  frontier  thereof,  or  en 
route  thereto,  in  the  war  with  that  nation,  or  were  actually; 
engaged  in  a  battle  in  said  war,  and  were  honorably  dis- 
charged, and  to  such  other  officers  and  soldiers  and  sailorsj 
as  may  have  been  personally  named  in  any  resolution  of! 
Congress  for  any  specific  service  in  said  war,  and  the  sur- 

proviso.          viviug  widow  of  such  officers  and  enlisted  men :  Provided^ 

Proviso.  That  such  widows  have  not  remarried:  Provided,  That 
every  such  officer,  enlisted  man,  or  widow  who  is  or  may' 
become  sixty-two  years  of  age,  or  who  is  or  may  become] 
subject  to  any  disability  or  dependency  equivalent  to  some] 
cause  prescribed  or  recognized  by  the  pension  laws  of  thej 
United  States  as  a  sufficient  reason  for  the  allowance  of  a 
pension,  shall  be  entitled  to  the  benefits  of  this  Act;  but  it 
shall  not  be  held  to  include  any  person  not  within  the  rule 
of  age  or  disability  or  dependence  herein  defined,  or  who 
incurred  such  disability  while  in  any  manner  voluntarily 
engaged  in  or  aiding  or  abetting  the  late  rebellion  against 
the  authority  of  the  United  States. 

Rate  of  pen-     SEC.  2.  That  pensions  under  section  one  of  this  Act  shall 
be  at  the  rate  of  eight  dollars  per  month,  and  payable  only1 
from  and  after  the  passage  of  this  Act,  for  and  during  th 
natural  lives  of  the  persons  entitled  thereto,  or  during  t 
continuance  of  the  disability  for  which  the  same  shall 

Proviso.  granted :  Provided,  That  section  one  of  this  Act  shall  u 
apply  to  any  person  who  is  receiving  a  pension  at  the  r 
of  eight  dollars  per  month  or  more,  nor  to  any  person 
ceiving  a  pension  of  less  than  eight  dollars  per  month, 
cept  for  the  difference  between  the  pension  now  receivea 
(if  less  than  eight  dollars  per  month)  and  eight  dollars  pe| 
month. 

Rniesandreg-     SEC.  3.  That  before  the  name  of  any  person  shall  be 
prescribed  bv  the  placed  on  the  pension-roll  under  this  Act,  proof  shall  be 

Secretary  of   In  -  l 

terior.  made,  under  such  rules  and  regulations  as  the  Secretary 

of  the  Interior  may  prescribe,  of  the  right  of  the  applicant 
to  a  pension;  and  any  person  who  shall  falsely  and  cor- 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      75 


aptly  take  any  oath  required  under  this  Act  shall  be  deemed  b/^m°Jth  to 
uilty  of  perjury  ;  and  the  Secretary  of  the  Interior  shall  Jury 
ause  to  be  stricken  from  the  pension-roll  the  name  of  any 
erson  whenever  it  shall  be  made  to  appear  by  proof  satis- 
ictory  to  him  that  such  name  was  put  upon  such  roll 
irough  false  and  fraudulent  representations,  and  that  such 
erson  is  not  entitled  to  a  pension  under  this  Act.    The  loss  .  Loss   °*   cer- 
f  the  certificate  of  discharge  shall  not  deprive  any  person  charge. 
f  the  benefits  of  this  Act,  but  other  record  evidence  of  en- 
strnent  and  service  and  of  an  honorable  discharge  may  be 
Beined  sufficient:  Provided,  That  when  any  person  has    Proviso. 
eeu  granted  a  land-warrant,  under  any  Act  of  Congress, 
and  on  account  of  service  in  the  said  war  with  Mexico, 
ich  grant  shall  be  prima  facie  evidence  of  his  service  and 
anorable  discharge;  but  such  evidence  shall  not  be  con- 
usive,  and  may  be  rebutted  by  evidence  that  such  land- 
arrant  was  improperly  granted. 

SEC.  4.  That  the  pension  laws  now  in  force  which  are  not 
consistent  or  in  conflict  with  this  Act  are  hereby  made  a 
art  of  this  Act,  so  far  as  they  may  be  applicable  thereto. 
SEC.  5.  That  section  forty-seven  hundred  and  sixteen  of   section  -me  re- 
e  Revised  Statutes  is  hereby  repealed  so  far  as  the  same  cStflictT  fl 
dates  to  this  Act  or  to  pensioners  under  this  Act. 
SEC.  6.  That  the  provisions  of  this  Act  shall  not  apply  to    Political  aisa- 
ly  person  while  under  the  political  disabilities  imposed  by  blllty< 
e  fourteenth  amendment  to  the  Constitution  of  the  United 
bates. 
Approved,  January  29,  1887. 

The  provisions  of  the  above  Act  extended  by  the  following 
cts: 

N"  ACT  granting  pensions  to  Powell's  Battalion  of  Missouri  Mounted    Act   3  Mar., 
Volunteers.  ^  _ 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
e  United  States  of  America  in  Congress  assembled,  That  the 
Bcretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
id  directed  to  place  on  the  pension-roll  the  names  of  all 
'  the  honorably  discharged  surviving  officers  and  enlisted 
en  of  PowelPs  Battalion  of  Missouri  Mounted  Volunteers, 
ised  under  the  act  of  Congress  of  May  thirteenth,  eighteen 
indred  and  forty-six,  for  service  during  the  war  with 
Mexico;  and  the  names  of  the  surviving  widows  of  such 
Beers  and  enlisted  men,  subject  to  the  limitations  and 
>gulations  of  the  pension  laws  of  the  United  States  for 
snsioning  the  survivors  of  the  war  with  Mexico. 
Approved,  March  3, 1891. 


76 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS. 


Act   5    Jan.,  AN  ACT  granting  increase  of  pension  to  soldiers  of  the  Mexican  war 
_J in  certain  cases. 


J5e  it  enacted  by  the  Senate  and  House  of  Representatives  of 
increase  in  the  United  States  of  America  in  Conaress  assembled,  That  the 

certain  Mexican 

war  caaea.  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
to  increase  the  pension  of  every  pensioner  who  is  now 
on  the  rolls  at  eight  dollars  per  month  on  account  of 
services  in  the  Mexican  war  and  who  is  wholly  disabled 
for  manual  labor,  and  is  in  such  destitute  circumstances 
that  eight  dollars  per  month  are  insufficient  to  provide 
him  the  necessaries  of  life,  to  twelve  dollars  per  month. 
Approved,  January  5, 1893. 


AN  ACT  granting  pensions  to  Gray's  Battalion  of  Arkansas  Volunteers. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  0} 
the  United  States  of  America  in  Congress  assembled,  That  th< 
Secretary  of  the  Interior  be,  and  he  is  hereby,  authorize 
and  directed  to  place  on  the  pension  roll  the  names  of 
of  the  honorably  discharged  surviving  officers  and  enlisted 
men  of  Gray's  Battalion  of  Arkansas  Volunteers,  raised 
under  the  Act  of  Congress  of  May  thirteenth,  eighteen  hun- 
dred and  forty- six,  for  service  during  the  war  with  Mexico; 
and  the  names  of  surviving  widows  of  such  officers  and 
enlisted  men,  subject  to  the  limitations  and  regulations  of 
the  pension  laws  of  the  United  States  for  pensioning  the 
survivors  of  the  war  with  Mexico. 

Received  by  the  President,  February  5, 1897. 

(NOTE  BY  THE  DEPARTMENT  OF  STATE. — The  foregoing 

Act  having  been  presented  to  the  President  of  the  United 
States  for  his  approval,  and  not  having  been  returned  by 
him  to  the  House  of  Congress  in  which  it  originated  withii 
the  time  prescribed  by  the  Constitution  of  the  Unil 
States,  has  become  a  law  without  his  approval.) 


LAWS  RELATIVE  TO  THE  PAYMENT  OF  ACCRUED  PENSIONS. 


SEC.  4718.  Accrued  pension,  title  to.  I  Act  March  2,  1895.    Accrued  pension,  how  and 

to  whom  paid. 

SEC.  4718.  If  any  pensioner  has  died  or  shall  hereafter 
die,  or  if  any  person  entitled  to  a  pension,  having  an  appli- 
cation  therefor  pending,  has  died  or  shall  hereafter  die,  his  minor  '  child  or 
widow,  or  if  there  is  no  widow,  the  child  or  children  of  such  -  '-  - 
person  under  the  age  of  sixteen  years  shall  be  entitled  to  Mar.,'  1373.  csee 
receive  the  accrued  pension  to  the  date  of  the  death  of  such  July,  i864;csec. 
person.  Such  accrued  pension  shall  not  be  considered  as  a  i866;c  sec.  ^ 


part  of  the  assets  of  the  estate  of  deceased,  nor  liable  to  be  j> 
applied  to  the  payment  of  the  debts  of  said  estate  in  any 
ase  whatever,  but  shall  inure  to  the  sole  and  exclusive  jnne,i84^ot  19 
benefit  of  the  widow  or  children;  and  if  no  widow  or  child 
survive,  no  payment  whatsoever  of  the  accrued  pension 
shall  be  made  or  allowed,  except  so  much  as  maybe  neees- 
sary  to  reimburse  the  person  who  bore  the  expenses  of 
last  sickness  and  burial  of  the  decedent,  in  cases  where  he  men*- 
did  not  leave  sufficient  assets  to  meet  such  expenses. 


The  above  Section  amended  by  the  following  Act: 
AN  ACT  to  provide  .for  the  payment  of  accrued  pensions  in  certain  Act2  Mar.,  1895. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  from to  whom  Paid- 
md  after  the  twenty-eighth  day  of  September,  eighteen  hun- 
Ired  and  ninety- two,  the  accrued  pension  to  the  date  of  the 
leath  of  any  pensioner,  or  of  any  person  entitled  to  a  pen- 
sion having  an  application  therefor  pending,  and  whether 
a  certificate  therefor  shall  issue  prior  or  subsequent  to  the 
death  of  such  person,  shall,  in  the  case  of  a  person  pensioned, 
or  applying  for  pension,  on  account  of  his  disabilities  or 
service,  be  paid,  first,  to  his  widow ;  second,  if  there  is  no 
widow,  to  his  child  or  children  under  the  age  of  sixteen 

77 


78 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS, 


years  at  his  death;  third,  in  case  of  a  widow,  to  her  minor 
children  under  the  age  of  sixteen  years  at  her  death.  Such 
accrued  pension  shall  not  be  considered  a  part  of  the  assets! 
of  the  estate  of  such  deceased  person,  nor  be  liable  for  the] 
payment  of  the  debts  of  said  estate  in  any  case  whatsoever, 
but  shall  inure  to  the  sole  and  exclusive  benefit  of  the  widow 
or  children.  And  if  no  widow  or  child  survive  such  pen- 
sioner, and  in  the  case  of  his  last  surviving  child  who  was! 
such  minor  at  his  death,  and  in  case  of  a  dependent  mother, | 
father,  sister,  or  brother,  no  payment  whatsoever  of  their! 
accrued  pension  shall  be  made  or  allowed  except  so  much 
as  may  be  necessary  to  reimburse  the  person  who  bore  the 
expense  of  their  last  sickness  and  burial,  if  they  did  not 
leave  sufficient  assets  to  meet  such  expense.  And 
mailing  of  a  pension  check,  drawn  by  a  pension  agent  in 
payment  of  a  pension  due,  to  the  address  of  a  pensioner, 
shall  constitute  payment  in  the  event  of  the  death  of  a 
pensioner  subsequent  to  the  execution  of  the  voucher  there- 
for. And  all  prior  laws  relating  to  the  payment  of  accrue 
pension  are  hereby  repealed. 
Approved,  March  2,  1895. 


LAWS  RELATIVE  TO  THE   DROPPING  OF  THE  NAMES  OF 
PENSIONERS  FROM  THE  ROLLS. 


c.  4706.  Abandonment  by  widow  of  minor  child 

or  children  forfeits  pension, 
c.  4719.  Failure  to  claim  pension  for  three  years. 


SEC.  4720.  Special  acts. 

Act  December  21, 1893,  pension  not  to  be  withheld 
or  suspended  until  after  notice. 


SEC.  4706.  If  any  person  has  died,  or  shall  hereafter  die. ,  Abandonment 

Jby    widow    of 

aviug  a  widow  en  titled  to  a  pension  by  reason  of  his  death,  minor  cwid  or 

,  .,  ,  '  children  forfeits 

id  a  child  or  children  under  sixteen  years  of  age  by  such  pension. 
idow,  and  it  shall  be  duly  certified  under  seal,  by  any    sec.  12, 3  Mar., 
mrt  having  probate  jurisdiction,  that  satisfactory  evidence  June,  isee,  sec. 

.     8,  27  July,  1868. 

is  been  produced  before  such  court,  upon  due  notice  to    see  Act  7  Aug., 
e  widow,  that  she  has  abandoned  the  care  of  such  child 1882' p>  53' 
children,  or  that  she  is  an  unsuitable  person,  by  reason 
immoral  conduct,  to  have  the  custody  of  the  same,  on 
^esentation  of  satisfactory  evidence  thereof  to  the  Com- 
issiouer  of  Pensions,  no  pension  shall  be  allowed  to  such 
idow  until  such  child  or  children  shall  have  attained  the 
of  sixteen  years,  any  provisions  of  law  to  the  contrary 
^withstanding,  and  the  said  child  or  children  shall  be 
^nsioned  in  the  same  manner,  and  from  the  same  date,  as 
no  widow  had  survived  such  person,  and  such  pension 
ali  be  paid  to  the  guardian  of  such  child  or  children ;  but   Pension  to  mi- 
in  any  case  payment  of  pension  shall  have  been  made  to  fr^m^eTme "he 
widow,  the  pension  to  the  child  or  children  shall  com- widow  was  paid' 
ence  from  the  date  to  which  her  pension  has  been  paid.187|.c-12>3Mar" 
SEC.  4719.  The  failure  of  any  pensioner  to  claim  his  pen-  .Unclaimed pen- 

J  *  sionsjdisposition 

on  for  three  years  after  the  same  shall  have  become  due  of. 

iall  be  deemed  presumptive  evidence  that  such  pension    sec.  26, 3  Mar., 

is  legally  terminated  by  reason  of  the  pensioner's  death,  July,  isesl 

n  .,        -, .      ,  .,..  .  ,     See  Sec.  1,  Act 

imarnage,  recovery  from  the  disability,  or  otherwise,  and  of  e  Apr.,  isss; 
e  pensioner's  name  shall  be  stricken  from  the  list  of  pen-  Aug.,i842.c 
oners,  subject  to  the  right  of  restoration  to  the  same  on  a 
application  by  the  pensioner,  or,  if  the  pensioner  is 
jad,  by  the  widow  or  minor  children  entitled  to  receive 
le  accrued  pension,  accompanied  by  evidence  satisfactorily 
icounting  for  the  failure  to  claim  such  pension,  and  by 
edical  evidence  in  cases  of  invalids  who  were  not  exempt 
om  biennial  examinations  as  to  the  continuance  of  the  dis- 
rility. 

79 


80      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 


.  4720.  When  the  rate,  commencement,  and  dural 
of  a  pension  allowed  by  special  act  are  fixed  by  such 

Sec.  27,  3  Mar.  .     '  .  J.    . 

1873;  sec.  15,  27  they  shall  not  be  subject  to  be  varied  by  the  provisions  ai 
7 July,  1870.  '  '  limitations  of  the  general  pension  law;  but  when  not  thi 
fixed,  the  rate  and  continuance  of  the  pension  shall 


subject  to  variation  in  accordance  with  the  general  lawd| 
and  its  commencement  shall  date  from  the  passage  of  thj 
special  act,  and  the  Commissioner  of  Pensions  shall,  upoj 
satisfactory  evidence  that  fraud  was  perpetrated  in  obtaiii 
ing  such  special  act,  suspend  payment  thereupon  untw 
the  propriety  of  repealing  the  same  can  be  considered  bjj 
Congress. 


Act   21    Dec.,  AN  ACT  making  appropriations  to  supply  further  urgent  deficienci* 
_J in  the  appropriations  for  the  fiscal  year  ending  June  thirtieth 

eighteen  hundred  and  ninety-four,  and  for  prior  years,  and  for  othe: 

purposes. 


Pension  not  to  Provided,  That  any  pension  heretofore  or  that  may  here 
suspended^unS  after  be  granted  to  any  applicant  therefor  under  any  la? 
after  notice.  Qf  tlle  United  States  authorizing  the  granting  and  pa|j 
ment  of  pensions,  on  application  made  and  adjudicated 
upon,  shall  be  deemed  and  held  by  all  officers  of  the  Unitecj 
States  to  be  a  vested  right  in  the  grantee  to  that  extent 
that  payment  thereof  shall  not  be  withheld  or  suspend* 
until,  after  due  notice  to  the  grantee  of  not  less  than  thirty 
days,  the  Commissioner  of  Pensions,  after  hearing  all  th< 
evidence,  shall  decide  to  annul,  vacate,  modify,  and  sej 
aside  the  decision  upon  which  such  pension  was  granted! 
Such  notice  to  grantee  must  contain  a  full  and  true  stat«| 
meut  of  any  charges  or  allegations  upon  which  such  decil 
sion  granting  such  pension  shall  be  sought  to  be  in  an;| 
manner  disturbed  or  modified. 
Approved,  December  21,  1893. 

¥  Amended  by  Act  of  June  6, 1874  (see  p.  135),  and  Sec.  5,  Act  of  J  uly  25, 1882  (see  p. 


MISCELLANEOUS  LAWS  RELATIVE  TO  THE  GRANTING  OF 

PENSIONS. 


ffiC.  4716.  Loyalty. 

ct  March  3,  1877.  Disloyalty,  bar  as  to,  removed 
in  certain  cases. 

EC.  4733.  Continuance  of  pension. 

EC.  4734.  Pension  not  to  be  withheld  in  certain 
cases. 

EC.  4747.  Pension  money,  not  liable  to  attach- 
ment, levy,  or  seizure. 

EC.  4774.  Superseded  by  Sec.  4,  Act  July  25, 1882; 
subsequently  amended  by  Act  March 
3,  1885. 

EC.  4775.  Special  medical  examinations  and  ap- 
peals therefrom. 

EC.  4776.  Medical  referee;  examining  surgeons, 
appointment  of. 

EC.  4777.  Civil  examining  surgeons,  appoint- 
ment of. 

ct  July  25,  1882.  Amending  Sec.  4744;  subpoena 
for  witnesses;  civil  surgeons,  ap- 
pointment of;  civil  surgeon,  expert, 
employment  of;  fees  for  medical  ex- 
aminations; pension  under  special 
Act  not  to  be  in  addition  to  pension 
under  general  law. 

ct  March  3,  1885.  Appropriations  for  payment 
of  Army  and  Navy  pensions ;  fees  of 
examining  surgeons ;  provisions  as  to 
medical  examinations,  and  salaries  of 
pension  agents  and  contingent  ex- 
penses of  pension  agencies. 

ct  June  30,  1890.  Appropriations  for  payment 
of  Army  and  Navy  pensions,  fees  of 
examining  surgeons,  and  salaries  of 
pension  agents  and  expenses  of  pen- 
sion agencies ;  mailing  check  drawn 
by  pension  agent  in  payment  of 
pension  due  constitutes  payment; 
accrued  pension,  payment  of;  Com- 
missioner of  Pensions  to  show  dis- 
bursements, and  as  to  pensioners 
dropped  from  the  roll ;  clerk  of  pen- 
sion agent  to  sign  checks. 


Act  March  3,  1891.  Appropriations  for  payment 
of  invalid  and  other  pensions ;  pay- 
ment of  salaries  of  pension  agents 
and  expenses  of  agencies;  pension 
to  officer  or  noncommissioned  officer 
or  private  on  the  active  or  retired 
list  of  Army,  Navy,  or  Marine  Corps 
of  the  United  Siates ;  attorneys'  fees, 
increase  claims,  and  special  Acts; 
penalty  for  violation  of;  payment  of 
pension  by  pension  agents;  power  to 
administer  oaths  extended  to  all  spe- 
cial examiners. 

Act  March  1,  1893.  Fees  of  examining  surgeons; 
nonresident  pensioners,  no  payment 
to. 

Act  July  18,  1894.  Fees  and  expenses  of  examin- 
ing surgeons ;  reports  of  examining 
surgeons  open  to  inspection. 

Act  March  2,  1895.  Appropriations  for  payment 
of  invalid  and  other  pensions ;  fees 
and  expenses  of  examining  surgeons ; 
salaries  of  pension  agents  and  ex- 
penses of  pension  agencies ;  repeal  of 
provision  against  payment  to  non- 
resident pensioners ;  rate  to  be  given 
in  report  of  examining  surgeons ;  $6 
established  as  a  minimum  rate  under 
general  law. 

Act  March  6,  1896.  Appropriations  for  payment 
of  invalid  and  other  pensions;  fees 
and  expenses  of  examining  surgeons ; 
salaries  of  pension  agents  and  ex- 
penses of  pension  agencies ;  date  of 
commencement  under  Act  June  27, 
1890;  cases  rejected,  suspended,  or 
dismissed;  ratings  to  be  given  in 
reports  of  examining  surgeons. 

Act  March  13, 1896.  Presumption  of  death,  seven 
years'  absence. 

Act  May  28, 1896.  Appropriations  for  legislative, 
executive,  and  judicial  expenses; 
Pension  Office. 


SEC.  4716.  ISo  money  on  account  of  pension  shall  be  paid  8i^oyalty  requi' 
o  any  person,  or  to  the  widow,  children,  or  heirs  of  any  de-  ~~gec  23  3Mar 
eased  person,  who  in  any  manner  voluntarily  engaged  in,  was  Jg-  4.  1* 
r  aided  or  abetted,  the  late  rebellion  against  the  authority    see  Act  4  Feb., 

1862;  Joint  Res.  2 

f  the  United  States.  Mar.,  i867;  Act  3 

Mar,,  1877. 


5323—02- 


81 


82  LAWS    RELATING    TO    ARMY   AND    NAVY    PENSIONS. 

The  above  Section  amended  by  the  following  Act. 

Act  3  Mar.,  AN  ACT  amending  the  pension-law  so  .is  to  remove  the  disability  of, 
those  who,  having  participated  in  the  rebellion,  have,  since  its  termi- 
nation, enlisted  in  the  Army  of  the  United  States,  and  become  dis- 
abled.1 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
see  Sec.  4716,  the  United  States  of  America  in  Congress  assembled,  That  the 
law  prohibiting  the  payment  of  any  money  on  account  of] 
pensions  to  any  person,  or  to  the  widow,  children,  or  heirs 
abuity°va  "*  of  any  deceased  person,  who,  in  any  manner,  engaged  in  or 
aided  or  abetted  the  late  rebellion  against  the  authority  of] 
the  United  States,  shall  not  be  construed  to  apply  to  such 
persons  as  afterward  voluntarily  enlisted  in  the  Army  of  the 
United  States,  and  who,  while  in  such  service,  incurred  dis- 
ability from  a  wound  or  injury  received  or  disease  contracted 
in  the  line  of  duty. 

Approved,  March  3,  1877. 


Continuance  of  SEC.  4733.  All  pensioners  whose  names  are  now  on  tin 
pension-roll,  or  who  are  entitled  to  restoration  to  the  roll 
under  any  act  of  Congress,  shall  be  entitled  to  the  continu- 
ance of  such  pensions  under  the  provisions  and  limitations 
of  this  Title,  and  to  such  further  increase  of  pension  as  is 
herein  provided. 

Pensions  are     SEC.  4734.  The  provisions  of  law  which  allow  the  with- 

not  to  be  with-  ... 

held.  holding  of  the  compensation  of  any  person  who  is  in  arrears 

Act  20  May,  shall  not  be  construed  to  authorize  the  pension  of  any  pen- 

sioner of  the  United  States  to  be  withheld. 

Pension  not  Ha      SEC.  4747.  No  sum  of  money  due,  or  to  become  due,  to 
mint!'0          h  any  pensioner  shall  be  liable  to  attachment,  levy,  or  seizure 

sec.  25,  3  Mar.,  by  or  under  any  legal  or  equitable  process  whatever,  whethfl 
ju?ne,  1866-  sec*!  the  same  remains  with  the  Pension  Office,  or  any  officer 
agent  thereof,  or  is  in  course  of  transmission  to  the  pension 
entitled  thereto,  but  shall  inure  wholly  to  the  benefit  of  stu 
pensioner. 

SEC.  4774.  Superseded  by  Section  4,  Act  of  July  25,  188M 
which  Act  was  subsequently  amended  by  Act  of  March  5,  1885* 

special  medical     SEC.  4775.  Examining  surgeons  duly  appointed  by  the 
B  Commissioner  of  Pensions,  and  such  other  qualified  sur- 


geons as  may  be  employed  in  the  Pension-Office,  m;iy  be 
18^°'          ar  "  required  by  him,  from  time  to  time,  as  he  deems  for  the 

1  Amended  August  1,  1892,  to  include  navy  cases.     See  p.  49. 


LAWS    RELATING    TO    ARMY   AND    NAVY    PENSIONS.  83 

terest  of  the  Government,  to  make  special  examinations 

pensioners,  or  applicants  for  pension,  and  such  examina- 

3ns  shall  have  precedence  over  previous  examinations, 

lether  special  or  biennial;  but  when  injustice  is  alleged 

have  been  done  by  an  examination  so  ordered,  the  Coin- 

issioner  of  Pensions  may,  at  his  discretion,  select  a  board 

three  duly  appointed  examining  surgeons,  who  shall  meet 

a  place  to  be  designated  by  him,  and  shall  review  such 

ses  as  may  be  ordered  before  them  on  appeal  from  any 

ecial  examination,  and  the  decision  of  such  board  shall 

final  on  the  question  so  submitted  thereto,  provided  the 

Dminissiouer  approve  the  same.   The  compensation  of  each 

such  surgeons  shall  be  three  dollars,  and  shall  be  paid 

t  of  any  appropriations  made  for  the  payment  of  pensions, 

the  same  manner  as  the  ordinary  fees  of  appointed  sur- 

ons  are  or  may  be  authorized  to  be  paid. 

SEC.  4776.  The  Secretary  of  the  Interior  is  authorized  to  an^e^eJrexarme 
point  a  duly  qualified  surgeon  as  medical  referee,  who,  inins  surgeons. 
ider  the  control  and  direction  of  the  Commissioner  of  Pen-  lg|ec.  38, 3  Mar., 
3ns,  shall  have  charge  of  the  examination  aud  revision  of 
e  reports  of  examining  surgeons,  and  such  other  duties 
uching  medical  and  surgical  questions  in  the  Pension- 
ffice  as  the  interests  of  the  service  may  demand;  and  his 
lary  shall  be  two  thousand  five  hundred  dollars  per  annum, 
nd  the  Secretary  of  the  Interior  is  further  authorized  to 
point  such  qualified  surgeons  (not  exceeding  four)  as  the 
igencies  of  the  service  may  require,  who  may  perform  the 
ities  of  examining  surgeons  when  so  required,  and  who 
all  be  borne  upon  the  rolls  as  clerks  of  the  fourth  class; 
it  such  appointments  shall  not  increase  the  clerical  force 
said  Bureau. 
(See  appropriation  bill,  June  30,  1890 ,  p.  87.) 

SEC.  4777.  The  Commissioner  of  Pensions  is  empowered 

appoint,  at  his  discretion,  civil  surgeons  to  make  the  surgeons. 
sriodical  examinations  of  pensioners  which  are  or  may  be  18 
juired  by  law,  and  to  examine  applicants  for  pension, Jul^ 1862- 
lere  he  deems  an  examination  by  a  surgeon  appointed 

him  necessary;  and  the  fee  for  such  examinations,  and Ju^eJ£c-  8l  4 
e  requisite  certificates  thereof,  in  duplicate,  including 
>stage  on  such  as  are  transmitted  to  pension  agents,  shall 

two  dollars,  which  shall  be  paid  by  the  agent  for  paying 
msions  in  the  district  within  which  the  pensioner  or  claim- 
it  resides,  out  of  any  money  appropriated  for  the  payment 

pensions,  under  such  regulations  as  the  Commissioner 

Pensions  may  prescribe. 


84 


LAWS    RELATING    TO   ARMY    AND    NAVY    PENSIONS. 


i882Ct  25   July'      Under  an  Act  making  appropriations  for  the  payment  on 
—  invalid  and  other  pensioners  of  the  United  States  for  the  year\ 
ending  June  30, 1883,  it  was  enacted  : 


Subpoena 

witness. 


Surgeons. 


That  section  lorty- seven  hundred  and  forty-four,  title' 
fifty- seven  of  the  Revised  Statutes  of  the  United  States  is' 
hereby  amended  to  read  as  follows  : 

"SEC.  4744.  The  Commissioner  of  Pensions  is  author- 
ized to  detail  from  time  to  time  clerks  or  persons  employed 
in  his  office  to  make  special  examinations  into  the  merits  of 
such  pension  or  bounty  land  claims,  whether  pending  or 
adjudicated,  as  he  may  deem  proper,  and  to  aid  in  the 
prosecution  of  any  party  appearing  on  such  examinations  to 
be  guilty  of  fraud,  either  in  the  presentation  or  in  procuring 
the  allowance  of  such  claims  ;  and  any  person  so  detailed 
shall  have  power  to  administer  oaths  and  take  affidavits 
and  depositions  in  the  course  of  such  examinations,  and  to 
orally  examine  witnesses,  and  may  employ  a  stenographer, 
when  deemed  necessary  by  the  Commissioner  of  Pensions,1 
in  important  cases,  such  stenographer  to  be  paid  by  such 
clerk  or  person,  and  the  amount  so  paid  to  be  allowed  in; 
his  accounts." 

f  SEC.  3.  "That  in  addition  to  the  authority  conferred  by 
section  one  hundred  and  eighty-four,  title  four  of  the  Revisedj 
Statutes,  any  judge  or  clerk  of  any  court  of  the  United! 
States  in  any  State,  District,  or  Territory  shall  have  powerj 
upon  the  application  of  the  Commissioner  of  Pensions, 
issue  a  subpO3na  for  a  witness,  being  within  the  jurisdictioi 
of  such  court,  to  appear,  at  a  time  and  place  in  the  subpoei 
stated,  before  any  officer  authorized  to  take  depositions 
be  used  in  the  courts  of  the  United  States,  or  before  an|j 
officer,  clerk,  or  person  from  the  Pension  Bureau  designat 
or  detailed  to  investigate  or  examine  into  the  merits  of 
pension  claim  and  authorized  by  law  to  administer  oal 
and  take  affidavits  in  such  investigation  or  examinati< 
there  to  give  full  and  true  answers  to  such  written  inl 
rogatories  and  cross-interrogatories  as  may  be  propound* 
or  to  be  orally  examined  and  cross-examined  upon  the  sub-l 
ject  of  such  claim;  and  witnesses  subpoanaed  pursuant  to! 
this  and  the  preceding  section  shall  be  allowed  the  samef1 
compensation  as  is  allowed  witnesses  in  the  courts  of  tl 
United  States,  and  paid  in  the  same  manner." 

SEC.  4.  That  the  Commissioner  of  Pensions  is  hereby] 
authorized  to  appoint  surgeons  who,  under  his  control  a 
direction  shall  make  such  examination  of  pensioners  aiflpl 
claimants  for  pension  or  increased  pension  as  he  shall  r< 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      85 

uire;  and  he  shall  organize  boards  of  surgeons,  to  consist 
f  three  members  each,  at  such  points  in  each  State  as 
e  shall  deem  necessary,  and  all  examinations,  so  far  as 
Tacticable,  shall  be  made  by  the  boards,  and  no  examina- 
ion  shall  be  made  by  one  surgeon  excepting  under  such 
ircumstauces  as  make  it  impracticable  for  a  claimant  to 
resent  himself  before  a  board :  Provided,  That  the  Oom- 
rissioner  may,  when  in  his  opinion  the  exigencies  of  the 
ervice  require  it,  organize  a  board  of  three  surgeons  who, 
nder  his  direction,  shall  review  the  work  of  any  regularly- 
ppointed  board  or  surgeon :  Provided  further,  That  all 
laminations  shall  be  thorough  and  searching,  and  the  cer- 
ficate  contain  a  full  description  of  the  physical  condition 
f  the  claimant  at  the  time,  which  shall  include  all  the 
hysical  and  rational  signs  and  a  statement  of  all  struc- 
ural  changes. 

The  fee  for  each  examination,  and  satisfactory  certificate  Fee  for  exami- 
hereof,  shall  be  two  dollars  to  each  member  when  made  by  na 
board,  and  two  dollars  when  made  by  one  surgeon :  Pro- 
ided.  That  when  a  claimant  is  so  disabled  as  not  to  be  able 
:>  present  himself  to  a  board  of  surgeons  for  examination, 
:ie  Commissioner  may  order  a  surgeon  to  make  the  exami- 
ation  at  the  claimant's  residence;  and  the  fee  for  such 
xamination  shall  be  two  dollars,  in  addition  to  the  pay- 
lent  of  the  actual  traveling  expenses  of  the  surgeon :  Pro- 
ided  further,  That  no  fee  shall  be  allowed  or  paid  to  any 
leinber  of  such  board  of  examining  surgeons  who  does  not 
ctually  participate  in  such  examination  and  sign  the  cer- 
ficate  thereof. 

The  Commissioner  may,  when  in  his  judgment  the  degree     commissioner 
f  disability  cannot  be  determined  truthfully  or  satisfac-  pert. employ  e*' 
jrily  excepting  by  expert  examination,  employ  an  expert, 
ot  a  regularly  appointed  surgeon,  to  make  the  examina- 
on ;  and  the  fee  for  such  examination  shall  be  five  dollars: 
^rovided,  That  the  fee  for  an  expert  examination  shall  not 
e  paid  to  any  regularly-appointed  examining  surgeon. 
The  fee  for  the  examination  of  claimants  who  reside  out 
f  the  United  States  shall  not  exceed  ten  dollars,  which 
jail  be  paid,  upon  the  presentation  of  satisfactory  vouch- 
rs,  out  of  the  appropriation  for  the  payment  of  the  exam- 
ing  surgeons,  and  through  the  United  States  consulate 
earest  to  the  claimant's  place  of  residence. 

SEC.  5.  That  no  person  who  is  now  receiving  or  shall    Pension  under 
ereafter  receive  a  pension  under  a  special  Act  shall  be 8pec 
ntitled  to  receive  in  addition  thereto  a  pension  under  the 
eneral  law,  unless  the  special  Act  expressly  states  that  the 


86 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


pension  granted  thereby  is  in  addition  to  the  pension  which! 
said  person  is  entitled  to  receive  under  the  general  law. 
Approved,  July  25,  1882. 


Act    3,  Mar.,  AN  ACT  making  appropriations  for  the  payment  of  invalid  and  other! 
'  _      pensions  of  the  United  States  for  the  fiscal  yejir  ending  June  thir-jj 
tieth,  eighteen  hundred  and  eighty-six,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representative*  o/j 

Appropriation  the  United  States  of  America  in  Congress  assembled,  That  the] 

ofr  pensSmfm  following  sums  be,  and  the  same  are  hereby,  appropriated, 

ending8  jauneye3o^  out  of  any  money  in  the  Treasury  not  otherwise  appropri- 

ated, for  the  payment  of  pensions  for  the  fiscal  year  ending 

June  thirtieth,  eighteen  hundred  and  eighty-six,  and  forj 

other  purposes,  namely  : 

or  Army  and  Navy  pensions  as  follows:  For  invalids, 
widows,  minor  children,  and  dependent  relatives,  and  sur- 
vivors and  widows  of  the  war  of  eighteen  hundred  an< 
twelve,  fifty-nine  million  one  hundred  and  seventy-two  th< 
sand  dollars  :  Provided,  That  the  appropriations  aforesaid 
for  Navy  pensions  shall  be  paid  from  the  income  of  the 
Navy  pension  fund,  so  far  as  the  same  may  be  sufficient  for| 
that  purpose  :  And  provided  further,  That  the  amount  ex«j 
pended  under  each  of  the  above  items  shall  be  accounted  for] 
separately. 
For  fees  and  expenses  of  examining  surgeons,  five  hun- 


Provisos. 


Kris8ofnexiS5S"  dred  thousand  dollars.    And  each  member  of  each  examin- 
ing board  shall,  as  now  authorized  by  law,  receive  the  sun}| 
of  two  dollars  for  the  examination  of  each  applicant  when-i 
ever  five  or  a  less  number  shall  be  examined  on  any  oud 
day,  and  one  dollar  for  the  examination  of  each  additional 
Proviso.         applicant  on  such  day  :  Provided,  That  if  twenty  or  moi 
Number  th  at  applicants  appear  on  one  day,  no  fewer  than  twenty  shj 
anadvfe^xamined  if  practicable,  be  examined  on  said  day,  and  that  if  few* 
examinations  be  then  made,  twenty  or  more  having 
peared,  then  there  shall  be  paid  for  the  first  examinatioi 
made  on  the  next  examination  day  the  fee  of  one  dollar  on] 
Proviso.         until  twenty  examinations  shall  have  been  made  :  Pror'uh 
Applicant  pre-  That  all  applicants  for  pensions  shall  be  presumed  to 
KdiodSawSt6*18^  no  disability  at  tue  fcime  of  enlistment;  but  such  pi 
m^?16  of  en      sumption  may  be  rebutted. 

For  the  salaries  of  eighteen  agents  for  the  payment  of  | 
pensions,  at  four  thousand  dollars  each,  seventy-two  thou- 
sand dollars. 

contingent  ex-     For  fees  for  preparing  vouchers,  rent,  fuel,  lights,  post- 
age on  letters  to  the  Executive  Departments  and  to  pen- 


ment. 
Agents. 


penaen. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  87 

oners,  stationery,  and  other  necessary  expenses,  to  be  ap- 

:oved  by  the  Secretary  of  the  Interior,  two  hundred  and 

?ty-six  thousand  dollars :  Provided,  That  from  and  after    Proviso. 

me  thirtieth,  eighteen  hundred  and  eighty-five,  the  salary 

id  emoluments  of  agents  for  the  payment  of  pensions  shall    Pay  of  pension 

3  four  thousand  dollars,  and  no  more,  per  annum;  and 

fees  provided  by  law  for  vouchers  prepared  and  paid, 
ily  so  much  thereof  as  may  be  required  for  expenses  in- 
ured in  having  said  vouchers  prepared,  as  well  as  the 
icessary  clerical  work  at  the  agencies,  shall  be  available. 
Approved,  March  3,  1885. 


NT  ACT  making  appropriations  for  the  payment  of  invalid  and  other    Act   so  Juno, 

pensions  of  the  United  States  for  the  fiscal  year  ending  June  thir-  1890'    

tieth,  eighteen  hundred  and  ninety-one,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
,e  United  States  of  America  in  Congress  assembled,  That  the 
llowiug  sums  be,  and  the  same  are  hereby,  appropriated, 
it  of  any  money  in  the  Treasury  not  otherwise  appropri- 
:ed,  tor  the  payment  of  pensions  for  the  fiscal  year  ending 
me  thirtieth,  eighteen  hundred  and  ninety-one,  and  for 
:her  purposes,  namely: 

For  Army  and  Navy  pensions  as  follows :  For  invalids,  A  r  m  y  a  n  d 
idows,  minor  children,  and  dependent  relatives ;  survivors  avy  p 
nd  widows  of  the  war  of  eighteen  hundred  and  twelve  and 
ith  Mexico,  ninety-seven  million  ninety  thousand  seven 
undred  and  sixty-one  dollars :  Provided,  That  the  appro-  Provis°8- 
nation  aforesaid  for  Navy  pensions  shall  be  paid  from  the 
icome  of  the  Navy  pension  fund,  so  far  as  the  same  may 
e  sufficient  for  that  purpose:  And  provided  further,  That 
amount  expended  under  each  of  the  above  items  shall 
e  accounted  for  separately :  And  provided  further,  That 
ereafter  a  check  or  checks  drawn  by  a  pension  agent  in 
ayrnent  of  pension  due,  and  mailed  by  him  to  the  address 
f  the  pensioner,  shall  constitute  payment  within  the  mean- 
ig  of  section  forty-seven  hundred  and  sixty-five,  Revised 
tatutes,  in  the  event  of  the  death  of  a  pensioner  subse- 
uent  to  the  mailing  and  before  the  receipt  of  said  check; 
nd  the  amount  which  may  have  accrued  on  the  pension 
f  any  pensioner  subsequent  to  the  last  quarterly  payment 
n  account  thereof  and  prior  to  the  death  of  such  pensioner 
lall  in  the  case  of  a  husband  be  paid  to  his  widow,  or  if 
lere  be  no  widow  to  his  surviving  minor  children  or  the 
uardian  thereof,  and  in  the  case  of  a  widow  to  her  minor 


88  LAWS   RELATING   TO    ARMY   AND    NAVY    PENSIONS. 

ralr110  °f  certm"  children :   / Vo  rifled  further,  That  hereafter  whenever  a  pen-  j 
sion  certificate  shall  have  been  issued  and  the  pensioner 
mentioned  therein  dies  before   payment  shall  have  been] 
made,  leaving  110  widow  and  no  surviving  minor  children^ 
the  accrued  pension  due  on  said  certificate  to  the  date  of^ 
the  death  of  said  pensioner  may,  in  the  discretion  of  the] 
Secretary  of  the  Interior,  be  paid  to  the  legal  representatives? 
Disbursements. of  said  pensioner:  And  provided  further,  That  the  Com- 
missioner of  Pensions,  in  his  report  for  the  fiscal  year  end-j 
ing  June  thirtieth,  eighteen  hundred  and  ninety-one,  shallj 
show  the  total  disbursements  from  July  first,  eighteen  hun-j 
dred  and  sixty-one  to  June  thirtieth,  eighteen  hundred  and 
ninety-one  to  pensioners  of  the  late  civil  war;  and,  also,] 
the  number  of  pensions  gran  ted,  between  said  dates,  because* 
of  said  war;  and,  also,  the  number  of  pensioners  of  said 
war,  whose  names  have  been  stricken  from  the  roll  between 
and  including  said  dates  because  of  their  having  fraudu- 
lently or  improperly  obtained  pensions,  together  with  th< 
amounts  disbursed  to  them  during  the  time  their  nam( 
were  upon  the  roll;  and,  also,  the  number  of  persons 
whom  arrears  will  have  been  paid  under  the  acts  of  Jan- 
uary twenty-fifth  and  March  third,  eighteen  hundred  and' 
seventy-nine,  to  the  thirtieth  day  of  June,  eighteen  hundred 
and  ninety-one,  together  with  the  sum  total  of  the  arrears  1 
so  paid. 

Examining     For  fees  and  expenses  of  examining  surgeons  for  services 
rendered   within  the  fiscal   year  eighteen  hundred  and 
ninety-one,  one  million  dollars;  and  each  member  of  each] 
examining  board  shall,  as  now  authorized  by  law,  receive 
the  sum  of  two  dollars  for  the  examination  of  each  appli- 
cant whenever  five  or  a  less  number  shall  be  examined  01 
any  one  day,  and  one  dollar  for  the  examination  of  eacl 
additional  applicant  on  such  day :  Provided,  That  if  twenty 
or  more  applicants  appear  on  one  day,  no  fewer  than  twenl 
shall,  if  practicable,  be  examined  on  said  day,  and  that 
fewer  examinations  be  then  made,  twenty  or  more  haviiij 
appeared,  then  there  shall  be  paid  for  the  first  examin; 
tions  made  on  the  next  examination  day  the  fee  of  OIK 
dollar  only  until  twenty  examinations   shall  have  beei 
made. 

i  viision  agents.  For  the  salaries  of  eighteen  agents  for  the  payment 
pensions,  at  four  thousand  dollars  each,  seventy-two  thoi 
sand  dollars.  In  case  of  sickness  or  unavoidable  abseu< 
of  any  pension  agent  from  his  office,  he  may,  with  the  aj 
proval  of  the  Secretary  of  the  Interior,  authorize  the  chit 
clerk,  or  some  other  clerk  employed  therein,  to  act  in 


LAWS   RELATING   TO   AEMY   AND   NAVY    PENSIONS. 


to  sign  official  checks,  and  to  discharge  all  the  other 
Ities  required  by  law  of  such  pension  agent;  and,  with 
e  approval,  any  pension  agent  may  designate  and  au- 
prize  a  clerk  to  sign  the  name  of  the  pension  agent  to 
icial  checks.  The  official  bond  given  by  the  principal  of 
p  office  shall  be  held  to  cover  and  apply  to  the  acts  of 
3  person  appointed  to  act  in  his  place  in  such  cases,  and 
iew  bond  shall  be  required  from  all  pension  agents  now 
[office.  Such  acting  officer  shall,  moreover,  for  the  time 
:ng,  be  subject  to  all  the  liabilities  and  penalties  pre- 
libed  by  law  for  the  official  misconduct,  in  like  cases,  of 
|)  pension  agent  for  whom  he  acts. 

clerk-hire,  two  hundred  and  fifty  thousand  dollars: 

wided,  That  the  amount  of  clerk-hire  for  each  agency 
lill  be  apportioned  as  nearly  as  practicable  in  proportion 
the  number  of  pensioners  paid  at  each  agency. 
Htor  fuel,  seven  hundred  and  fifty  dollars. 
Por  lights,  seven  hundred  and  fifty  dollars. 
Por  stationery  and  other  necessary  expenses,  to  be  ap- 
nved  by  the  Secretary  of  the  Interior,  twenty-five  thou- 
lid  dollars. 

htor  rents,  eighteen  thousand  two  hundred  dollars ;  and 
reafter  the  Secretary  of  the  Treasury,  where  practicable, 
|ill  cause  suitable  rooms  to  be  set  apart  in  the  public 
tidings  under  his  control  in  the  cities  where  pension 

incies  are  located,  which  shall  be  acceptable  to  the  Sec- 
tary of  the  Interior,  for  the  use  and  occupancy  of  the 
|d  agencies  respectively. 

Approved,  June  30, 1890. 


89 


ACT  making  appropriations  for  the  payment  of  invalid  and  other    Act  3  Mar., 

ensions  of  the  United  States,  for  the   fiscal  year  ending  June '- 

liirtieth,  eighteen  hundred  and  ninety-two,  and  for  other  purposes. 

te  it  enacted  by  the  Senate  and  House  of  Representatives  of 

United  States  of  America  in  Congress  assembled,  That  the 
[owing  sums  be,  and  the  same  are  hereby,  appropriated, 

of  any  money  in  the  Treasury  not  otherwise  appropri- 
|d,  for  the  payment  of  pensions  for  the  fiscal  year  ending 
lie  thirtieth,  eighteen  hundred  and  ninety-two,  and  for 
|er  purposes,  namely: 

tor  Army  and  Navy  pensions  as  follows :  For  invalids, 
lows,  minor  children,  and  dependent  relatives ;  survivors 

widows  of  the  war  of  eighteen  hundred  and  twelve  and 
pi  Mexico,  one  hundred  and  thirty -three  million  one  hun- 
aud  seventy-three  thousand  and  eighty-five  dollars: 

wided,  That  the  appropriation  aforesaid  for  Navy  pen- 


90      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

sions  shall  be  paid  from  the  income  of  the  Navy  pension 
fund,  so  far  as  the  same  may  be  sufficient  for  that  purpose; 
And  provided  further,  That  the  amount  expended  under  each 
of  the  above  items  shall  be  accounted  for  separately : 

pension8-ac-#ro^^/Mr£foT,  That  hereafter  no  pension  shall  be  allowed 

twe  or  retired  or  paj(^  ^o  any  officer?  non  commissioned  officer,  or  private 

in  the  Army,  Navy,  or  Marine  Corps  of  the  United  States! 

either  on  the  active  or  retired  list.    Provided  also.  Thai 

Attorne  's  lee  ^erea^er  no  agent  or  attorney  shall  demand,  receive,  or  b| 
—increase claims  allowed  any  compensation  under  existing  law  exceeding 

and  special  acts.  , 

two  dollars  in  any  claim  for  increase  of  pension  on  accoun 
of  the  increase  of  the  disability  for  which  the  pension  ha 
been  allowed,  or  for  services  rendered  in  securing  the  pat 
sage  of  any  special  act  of  Congress  granting  a  pension  o 
an  increase  of  pension  in  any  case  that  has  been  presenter 
at  the  Pension  Office  or  is  allowable  under  the  genera 
pension  laws:  And  provided  further,  That  any  agent,  attor 
ney,  or  other  person  instrumental  in  prosecuting  any  claii 
for  increase  of  pension  on  account  of  the  increase  in  di* 
ability  for  which  pension  was  allowed,  or  who  has  rendered 
services  in  procuring  the  passage  of  any  special  Act  o 
Congress  granting  a  pension  or  an  increase  of  pension  i 
any  case  that  has  been  presented  at  the  Pension  Office  q 
is  allowable  under  the  general  pension  laws,  who  sha 
directly  or  indirectly  contract  for,  demand,  receive,  or  retai 
any  compensation  for  such  services,  except  as  hereinbefore 
provided,  shall  be  deemed  guilty  of  a  misdemeanor,  an 
upon  conviction  thereof  shall,  for  each  and  every  sue 
_  1A_  offense,  be  fined  not  exceeding  five  hundred  dollars  o 

x  oiisJty. 

imprisoned,  not  exceeding  two  years  or  both,  in  the  discre 
tion  of  the  court:  Provided,  however,  That  the  foregoin, 
provisions  in  relation  to  fees  of  agents  or  attorneys  sha 
not  apply  to  any  case  now  pending  where  there  is  an  exi| 
ing  lawful  contract  expressed  or  implied. 

For  salaries  of  eighteen  agents  for  the  payment  of  pen 

sious,  at  four  thousand  dollars  each,  seventy-two  thousaDJ 

dollars. 

Secretary  of     For  clerk  hire,  four  hundred  thousand  dollars :  Provided 

the   Interior    to 

approve  salaries,  That  the  amount  of  clerk  hire  at  each  agency  shall  be  ap 
portioned  as  nearly  as  practicable  in  proportion  to  th< 
number  of  pensioners  paid  at  each  agency,  and  the  salaries 
paid  shall  be  subject  to  the  approval  of  the  Secretary  o 
the  Interior. 

For  fuel,  seven  hundred  and  fifty  dollars. 

For  lights,  seven  hundred  and  fifty  dollars. 

For  stationery  and  other  necessary  expenses,  to  be 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      91 

)ved  by  the  Secretary  of  the  Interior,  thirty-  five  thou- 

id  dollars. 

For  rents,  eighteen  thousand  two  hundred  dollars. 


.  2.  That  the  Secretary  of  the  Interior  is  hereby  author-  Payment  of 
d  and  directed  to  arrange  the  various  agencies  for  the  pay-  sum  agents. 
ntof  pensions  in  three  groups  as  he  may  think  proper,  and 
y  from  time  to  time  change  any  agency  from  one  group 
another  as  he  may  deem  convenient  for  the  transaction 
the  public  business.  The  first  group  shall  make  their 
arterly  payments  of  pensions  on  January  fourth,  April 
,  July  fourth,  and  October  fourth  of  each  year;  the 
ond  group  shall  make  their  quarterly  payments  of  pen- 
ns  on  February  fourth,  May  fourth,  August  fourth,  and 
vember  fourth  of  each  year  ;  and  the  third  group  shall 
ke  their  quarterly  payments  of  pensions  on  March  fourth, 
ae  fourth,  September  fourth,  and  December  fourth  of 
;h  year.  The  Secretary  of  the  Interior  is  hereby  fully 
:horized  to  cause  payments  of  pensions  to  be  made  for 

fractional  parts  of  quarters  created  by  such  change,  so 
to  properly  adj  ust  all  payments  as  herein  provided.  Sec- 
forty-seven  hundred  and  sixty-four  of  the  Re  vised 
ttutes  is  hereby  so  amended  as  to  conform  to  the  changes 
the  time  of  payments  provided  herein,  and  is  made  ap- 
3able  thereto. 

['he  sum  of  fifteen  thousand  dollars  is  hereby  appropri- 
d  to  meet  the  expenses  involved  in  carrying  into  effect 

changes  herein  provided  for. 
JEC.  3.  That  the  same  power  to  administer  oaths  and    oaths,  special 
e  affidavits,  which  by  virtue  of  section  forty-  seven  hun-  minister. 
d  and  forty-four  of  the  Eevised  Statutes  is  conferred 
on  clerks  detailed  by  the  Commissioner  of  Pensions  from 

office  to  investigate  suspected  attempts  at  fraud  on  the 
vernment  through  and  by  virtue  of  the  pension  laws, 
1  to  aid  in  prosecuting  any  person  so  offending,  shall  be, 
1  is  hereby,  extended  to  all  special  examiners  or  addi- 
aal  special  examiners  employed  under  authority  of  Con- 
ss  to  aid  in  the  same  purpose. 
Approved,  March  3,  1891. 
See  Revised  Statutes,  section  4764,  p.  103.) 


92'      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

AN  ACT  making  appropriations  for  the  payment  of  invalid  and  othe 
pensions  of  the  United  States  for  the  liscal  year  ending  June  thirtieth 
eighteen  hundred  and  ninety-four,  and  for  other  purposes. 

The  Act  entitled  as  above,  and  approved  March  1, 1893,  after 

appropriating  certain  sums  for  the  payment  of  pensions,  pro 

vides  as  follows : 

Fees  of  exam-     Each  member  of  each  examining  board  shall,  as  now 

ining  surgeons. 

authorized  by  law,  receive  the  sum  of  two  dollars  for  the 
examination  of  each  applicant  whenever  five  or  a  less  num 
ber  shall  be  examined  on  any  one  day,  and  one  dollar  foi 
the  examination  of  each  additional  applicant  on  such  day 
Provided,  That  if  twenty  or  more  applicants  appear  on  on< 
day,  no  fewer  than  twenty  shall,  if  practicable,  be  examinee 
on  said  day,  and  that  if  fewer  examinations  be  then  made 
twenty  or  more  having  appeared,  then  there  shall  be  paie 
for  the  first  examinations  made  on  the  next  examinatioi 
day  the  fee  of  one  dollar  only  until  twenty  examination! 
shall  have  been  made :  Provided  further,  That  no  fee  shal 
be  paid  to  any  member  of  an  examining  board  unless  person 
ally  present  and  assisting  in  the  examination  of  applicant 
NO  payment  to  That  from  and  after  July  first,  eighteen  hundred  HIM 

non-resident, 

when.  ninety- three,  no  pension  shall  be  paid  to  a  non  resident 

who  is  not  a  citizen  of  the  United  States,  except  for  actua 
disabilities  incurred  in  the  service. 


AN  ACT  making  appropriations  for  the  payment  of  invalid  and  other 
pensions  of  the  United  States  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  ninety-five,  and  for  other  purposes. 

******* 

ofnexam-  For  fees  and  expenses  of  examining  surgeons  for  servicd 
ining surgeons.  rendered  wituin  the  fiscal  year  eighteen  hundred  and 
ninety-five,  one  million  dollars.  And  each  member  of  each 
examining  board  shall,  as  now  authorized  by  law,  receivjj 
the  sum  of  two  dollars  for  the  examination  of  each  applican] 
whenever  five  or  a  less  number  shall  be  examined  on  any  on« 
day,  and  one  dollar  for  the  examination  of  each  additional 
applicant  on  such  day:  Provided,  That  if  twenty  or  more 
applicants  appear  on  one  day,  no  fewer  than  twenty  shall. 
if  practicable,  be  examined  on  said  day,  and  that  if  fewer 
examinations  be  then  made,  twenty  or  more  having  ap- 
peared, then  there  shall  be  paid  for  the  first  examinations 
made  on  the  next  examination  day  the  fee  of  one  dollar  only 
until  twenty  examinations  shall  have  been  made:  Proridtd 
further,  That  no  fee  shall  be  paid  to  any  member  of  an 
examining  board  unless  personally  present  and  assisting  in 


LAWS   RELATING   TO   ARMY   AND   NAVY   PENSIONS.  93 

e  examination  of  applicant:  Provided.  That  the  report  of   Report  of  .vs. 

a  in  iin  111:     s ar- 
ch examining  surgeons  when  filed  in  the  Pension  Oniceg601180?61*^  in- 
spection. 

all  be  open  to  the  examination  and  inspection  of  the 
liinant  or  his  attorney,  under  such  reasonable  rules  and 
emulations  as  the  Secretary  of  the  Interior  may  provide. 
Approved,  July  18, 1894. 


ACT  making  appropriations  for  the  payment  of  invalid  and  other  Act  2  Mar.,  1895. 
tensions  of  the  United  States  for  the  fiscal  year  ending  June  thirtieth, 
ighteen  hundred  and  ninety-six,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
i  United  States  of  America  in  Congress  assembled,  That  the 
lowing  sums  be,  and  the  same  are  hereby,  appropriated, 
t  of  any  money  in  the  Treasury  not  otherwise  appropri- 
*d,  for  the  payment  of  pensions  for  the  fiscal  year  ending 
ne  thirtieth,  eighteen  hundred  and  ninety-six,  and  for 
tier  purposes,  namely: 

For  Army  and  Navy  pensions,  as  follows :  For  invalids, 
dows,  minor  children,  and  dependent  relatives,  army 
rses,  survivors  and  widows  of  the  war  of  eighteen  hun- 
ed  and  twelve  and  with  Mexico,  and  the  survivors  and 
dows  of  the  Indian  wars  of  eighteen  hundred  and  thirty- 
o  to  eighteen  hundred  and  forty- two,  inclusive,  one  hun- 
id  and  forty  million  dollars :  Provided,  That  the  appro- 
ation  aforesaid  for  Navy  pensions  shall  be  paid  from  the 
some  of  the  Navy  pension  fund,  so  far  as  the  samo  may 
sufficient  for  that  purpose:  Provided  further.  That  the 
lount  expended  under  each  of  the  above  items  shall  be 
counted  for  separately:  And  provided  further,  That  so  vi J^jfjf  afinst 
ich  of  the  fourth  proviso  of  an  Act  entitled  "An  ActPa?ment  to  non- 

residents. 

iking  appropriations  for  the  payment  of  invalid  and  other 
nsions  of  the  United  States  for  the  fiscal  year  ending  June 
irtieth,  eighteen  hundred  and  ninety-four,  and  for  other 
rposes,"  approved  March  first,  eighteen  hundred  and 
lety- three,  which  reads  as  follows:  "That  from  and  after 
ly  first,  eighteen  hundred  and  ninety-three,  no  pension 
all  be  paid  to  a  nonresident  who  is  not  a  citizen  of  the 
lited  States,  except  for  actual  disabilities  incurred  in  the 
[•vice,"  be  and  the  same  is  hereby  repealed. 

For  fees  and  expenses  of  examining  surgeons  for  services    Fees  a.ml  ex- 
idered  within   the  fiscal  year  eighteen  hundred  and  suing  surgeons, 
aety-six,   eight  hundred  thousand  dollars.     And  each 
imber  of  each  examining  board  shall,  as  now  authorized 
law,  receive  the  sum  of  two  dollars  for  the  examination 
each  applicant  whenever  five  or  a  less  number  shall  be 


94      LAWS  RELATING  TO  ARMY"  AND  NAVY  PENSIONS. 

examined  on  any  one  day,  and  one  dollar  for  the  examinal 
tion  of  each  additional  applicant  on  such  day :  Provided J 
That  if  twenty  or  more  applicants  appear  on  one  day,  noi 
fewer  than  twenty  shall,  if  practicable,  be  examined  on  saidl 
day,  and  that  if  fewer  examinations  be  then  made,  twentyj 
or  more  having  appeared,  then  there  shall  be  paid  for  the) 
first  examinations  made  on  the  next  examination  day  the! 
fee  of  one  dollar  only  until  twenty  examinations  shall  havfl 
been  made :  Provided  further,  That  no  fee  shall  be  paid  t<| 
any  member  of  an  examining  board  unless  personally  presJ 
ent  and  assisting  in  the  examination  of  applicant:  Pro\\ 
gi^en^n  report*5  v^e^7  That  the  report  of  such  examining  surgeons  shall 
specifically  state  the  rating  which  in  their  judgment  thai 
applicant  is  entitled  to.  And  it  is  further  provided,  That), 
from  and  after  the  passage  of  this  Act,  all  pensioners 
on  the  rolls,  who  are  pensioned  at  less  than  six  dollars  per] 
rate.crease  *°  $6nionth,  for  any  degree  of  pensionable  disability,  shalHiave 
their  pensions  increased  to  six  dollars  per  month  5  and  that 
hereafter,  whenever  any  applicant  for  pension,  would; 
under  existing  rates,  be  entitled  to  less  than  six  dollars  for 
any  single  disability,  or  several  combined  disabilities,  such 
pensioner  shall  be  rated  at  not  less  than  six  dollars  perl 
month :  Provided  also,  That  the  provisions  hereof  shall  not] 
be  held  to  cover  any  pensionable  period  prior  to  the  pas-j 
sage  of  this  Act,  nor  authorize  a  re-rating  of  any  claims  forj 
any  part  of  such  period,  nor  prevent  the  allowance  of  lower! 
rates  than  six  dollars  per  month,  according  to  the  existing) 
practice  in  the  Pension  Office  in  pending  cases  coverinj 
any  pensionable  period  prior  to  the  passage  of  this  Act. 

For  salaries  of  eighteen  agents  for  the  payment  of  pen- 
sions, at  four  thousand  dollars  each,  seventy-two  thousand] 
dollars. 

For  clerk  hire,  four  hundred  and  fifty  thousand  dolls 
Provided,  That  the  amount  of  clerk  hire  for  each  agem 
shall  be  apportioned  as  nearly  as  practicable  in  proporti< 
to  the  number  of  pensioners  paid  at  each  agency,  and 
salaries  paid  shall  be  subject  to  the  approval  of  the 
retary  of  the  Interior,  but  the  appointment  of  the  clerk  tel 
sign  official  checks,  who  shall  receive  the  same  compenstij 
tion  at  each  agency  as  was  paid  during  the  fiscal  year  end) 
ing  June  thirtieth,  eighteen  hundred  and  ninety-four,  shal 
be  made  by  the  pension  agent  without  other  or  furthei] 
approval. 

For  fuel,  seven  hundred  and  fifty  dollars. 

For  lights,  seven  hundred  and  fifty  dollars. 

For  stationery  and  other  necessary  expenses,  to  be  a| 


LAWS    RELATING   TO   ARMY   AND    NAVY    PENSIONS.  95 

Dved  by  the  Secretary  of  the  Interior,  thirty-five  thousand 

liars. 

For  rents,  twenty-three  thousand  and  seventy  dollars. 

Approved,  March  2,  1895. 


ACT  making  appropriations  for  the  payment  of  invalid  and  other    Act    6   Mar., 
elisions  of  the  United  States  for  the  iiscal  year  ending  June  thir- 189C' 
eth,  eighteen  hundred  and  ninety-seven,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
United  States  of  America  in  Congress  assembled,  That  the 
owing1  sums  be,  and  the  same  are  hereby,  appropriated, 
of  any  money  in  the  Treasury  not  otherwise  appropri- 
d,  for  the  payment  of  pensions  for  the  fiscal  year  ending 
thirtieth,  eighteen  hundred  and  ninety-seven,  and  for 
er  purposes,  namely : 

Tor  Army  and  Navy  pensions,  as  follows:  For  invalids, 
lows,  minor  children,  and  dependent  relatives,  army 
rses,  survivors  and  widows  of  the  war  of  eighteen  hun- 
d  and  twelve  and  with  Mexico,  and  the  survivors  and 
Lows  of  the  Indian  wars  of  eighteen  hundred  and  thirty- 

0  to  eighteen  hundred  and  forty-two,  inclusive,   one 
ndred  and  forty  million  dollars:  Provided,  That  the  ap- 

priation  aforesaid  for  Navy  pensions  shall  be  paid  from 

income  of  the  Navy  pension  fund,  so  far  as  the  same 

y  be  sufficient  for  that  purpose:  Provided  further.  That 

amount  expended  under  each  of  the  above  items  shall 

accounted  for  separately. 

^hat  whenever  a  claim  for  pension  under  the  Act  of  June    Date  of  com- 
enty-seventh,  eighteen  hundred  and  ninety,  has  been,  order  Act  27  June1, 
ill  hereafter  be,  rejected,  suspended,  or  dismissed,  and  a 
v  application  shall  have  been,  or  shall  hereafter  be,  filed, 

1  a  pension  has  been,  or  shall  hereafter  be,  allowed  in 
h  claim,  such  pension  shall  date  from  the  time  of  filing 

first  application,  provided  the  evidence  in  the  case 
11  show  a  pensionable  disability  to  have  existed,  or  to 
at,  at  the  time  of  filing  such  first  application,  anything 
any  law  or  ruling  of  the  Department  to  the  contrary 
withstanding. 

fees  and  expenses  of  examining  surgeons  for  services    Fees  aP(l  ex 

x  '  °  pcuscs  ol   exani- 

dered  within  the  fiscal  year  eighteen  hundred  and  ninety-  ining  surgeons. 
en,  seven  hundred  and  fifty  thousand  dollars.  And  each 
mber  of  each  examining  board  shall,  as  now  authorized 
law,  receive  the  sum  of  two  dollars  for  the  examination 
h  applicant  whenever  five  or  a  less  number  shall  be 
mined  on  any  one  day,  and  one  dollar  for  the  examina- 


96      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

tion  of  each  additional  applicant  on  such  day :  Providea 
That  if  twenty  or  more  applicants  appear  on  one  day,  ni 
fewer  than  twenty  shall,  if  practicable,  be  examined  01 
said  day,  and  that  if  fewer  examinations  be  then  mad< 
twenty  or  more  having  appeared,  then  there  shall  be  paij 
for  the  first  examinations  made  on  the  next  examinatioi 
day  the  fee  of  one  dollar  only  until  twenty  examinatioi 
shall  have  been  made:  Provided  further,  That  no  fee  shal 
be  paid  to  any  member  of  an  examining  board  unless  peij; 
sonally  present  and  assisting  in  the  examination  of  applj 
Ratings  to  be  cant  i  Provided,  That  the  report  of  such  examining  surge*  >w 
shall  specifically  state  the  rating  which  in  their  judgme 
the  applicant  is  entitled  to. 

For  salaries  of  eighteen  agents  for  the  payment  of  pei 
sions,  at  four  thousand  dollars  each,  seventy- two  thousand 
dollars. 

For  clerk  hire,  four  hundred  and  fifty  thousand  dollar^ 
Provided,  That  the  amount  of  clerk  hire  for  each  age  J 
shall  be  apportioned  as  nearly  as  practicable  in  proportiol] 
to  the  number  of  pensioners  paid  at  each  agency,  and  th- 
salaries  paid  shall  be  subject  to  the  approval  of  the  Secr^j 
tary  of  the  Interior. 

For  fuel,  two  hundred  and  fifty  dollars. 

For  lights,  five  hundred  dollars. 

For  stationery  and  other  necessary  expenses,  exclusr 
of  clerical  services,  to  be  approved  by  the  Secretary  of  th) 
Interior,  thirty  thousand  dollars. 

For  rents,  twenty- five  thousand  eight  hundred  and  thii 
dollars. 

Approved,  March  6,  1896. 


A  o  t  13  Mar.,          AN  ACT  regulating  proof  of  death  in  certain  pension  cases. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  i] 

Death    ?T*-the  United  States  of  America  in  Congress  assembled,  That  j| 

absence.         ™  considering  claims  filed  under  the  pension  laws,  the  deal 

of  an  enlisted  man  or  officer  shall  be  considered  as  sufll 

ciently  proved  if  satisfactory  evidence  is  produced  establisl] 

ing  the  fact  of  the  continued  and  unexplained  absence 

such  enlisted  man  or  officer  from  his  home  and  family  f<] 

a  period  of  seven  years,  during  which  period  no  intelligent] 

Pension  ceases,  of  his  existence  shall  have  been  received.    And  any 

sion  granted  under  this  Act  shall  cease  upon  proof  th;| 
such  officer  or  enlisted  man  is  still  living. 
Approved,  March  13,  1896. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      97 

N  ACT  making  .appropriations  for  the  legislative,  executive,  and     Act  28   May, 

judicial  expenses  of  the  Government  for  the  fiscal  year  ending  June ! . 

thirtieth,  eighteen  hundred  and  ninety-seven,  and  for  other  purposes. 

Be  it  enacted  by  the  Ken-ate  and  II ouxe  of  Representatives  of 
,e  United  States  of  America,  in  Congress  assembled.  That  Legislative, 

executive,     and 

ie  following  sums  be,  and  the  same  are  hereby,  appro- judicial  expense. 

.    ,     ,  ,.  ,,        m  .       appropriations. 

riated,  out  ot  any  money  i«  the  Treasury  not  otherwise 
>proprinted,  in  full  compensation  for  the  service  of  the 
seal  year  ending  June  thirtieth,  eighteen  hundred  and 
inety-seveu,  for  the  objects  hereinafter  expressed,  namely: 

####### 
PENSION  OFFICE:  For  the  Commissioner  of  Pensions,  Pension  office, 
ve  thousand  dollars;  First  Deputy  Commissioner,  three 
lousaud  six  hundred  dollars;  Second  Deputy  Commis- 
oner,  three  thousand  six  hundred  dollars;  chief  clerk, 
vo  thousand  two  hundred  and  fifty  dollars;  assistant 
jief  clerk,  two  thousand  dollars;  medical  referee,  three 
lousand  dollars;  assistant  medical  referee,  two  thousand 
vo  hundred  and  fifty  dollars;  two  qualified  surgeons 
ho  shall  be  experts  in  their  profession,  at  two  thousand 
ollars  each ;  thirty-eight  medical  examiners  who  shall  be 
irgeons  of  education,  skill,  and  experience  in  their  pro- 
ssion,  atone  thousand  eight  hundred  dollars  each;  ten 
liefs  of  division,  at  two  thousand  dollars  each;  law 
erk,  two  thousand  dollars;  fifty-eight  principal  exam- 
ers,  at  two  thousand  dollars  each;  twenty  assistant  chiefs 
"  division,  at  one  thousand  eight  hundred  dollars  each; 
iree  stenographers,  at  one  thousand  six  hundred  dollars 
ich;  seventy  clerks  of  class  four;  eighty-five  clerks  of 
ass  three;  three  hundred  and  fifty  clerks  of  class  two; 
ur  hundred  and  thirty-eight  clerks  ot  class  one;  two  huii- 
red  and  eighty-seven  clerks,  at  one  thousand  dollars  each ; 
iperintendeut  of  building,  one  thousand  four  hundred  dol- 
rs;  two  engineers,  atone  thousand  two  hundred  dollars 
ach;  one  hundred  and  seventy- five  copyists;  thirty-three 
essengers;  twelve  assistant  messengers;  twenty  messeu- 
er  boys,  at  four  hmidred  dollars  each;  one  painter,  skilled 
his  trade,  nine  hundred  dollars;  one  cabinet- maker, 
killed  in  his  trade,  nine  hundred  dollars;  captain  of  the 
atch,  eight  hundred  and  forty  dollars;  three  sergeants  of 
he  watch,  at  seven  hundred  and  fifty  dollars  each ;  twenty 
atchmen;  three  firemen;  twenty-five  laborers;  five  female 
borers,  at  four  hundred  dollars  each;  and  fifteen  char- 
omen;  in  all,  two  million  and  eighty-six  thousand  seven 
undred  and  ten  dollars. 

5323—02 7 


98      LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

Per  diem,  etc.,  For  per  diem,  when  absent  from  home  and  traveling  oil 
duty  outside  the  District  of  Columbia,  for  special  exam] 
iners  or  other  persons  employed  in  the  Bureau  of  Pensions] 
detailed  for  the  purpose  of  making  special  investigation! 
pertaining  to  said  Bureau,  in  lieu  of  expenses  for  subsist] 
ence,  not  exceeding  three  dollars  per  day,  and  for  actual 
and  necessary  expenses  for  transportation  and  assistance 
and  any  other  necessary  expenses,  including  telegram! 

Proviso.          five  hundred  thousand  dollars:  Provided.  That  two  special 

Chief  and  as- 
sistant, special  examiners,  or  clerks,  detailed  and  acting  as  chief  and  as- 
sistant chief  of  the  division  of  special  examiners,  may 
allowed  from  this  appropriation,  in  addition  to  their  salaj 
ries  and  in  lieu  of  per  diem  and  all  expenses  for  subsisti 
ence,  a  sum  sufficient  to  make  their  annual  conipensatioi 
two  thousand  dollars  and  one  thousand  eight  hundred  dol- 
lars, respectively,  and  whenever  it  may  be  necessary  : 
either  of  them  to  travel  on  official  business  outside  thi 
District  of  Columbia  by  special  direction  of  the  Commisj 
sioner,  he  shall  receive  the  same  allowance  in  lieu  of  sun 
sistence  and  for  transportation  as  is  herein  provided  foi 
special  examiners  and  detailed  clerks  engaged  in  field  sei 
ice;  and  the  Secretary  of  the  Interior  shall  so  apportiJ 
the  sum  herein  appropriated  as  to  prevent  a  deficiency 
therein. 

Additional     For  an  additional  force  of  one  hundred  and  fifty  spccia 

special   exam- 

examiners  for  one  year,  at  a  salary  of  one  thousand  thre< 


hundred  dollars  each,  one  hundred  and  ninety-five  thou 
sand  dollars ;  and  no  person  so  appointed  shall  be  employed 
in  the  State  from  which  he  is  appointed;  and  any  of  thos< 
now  employed  in  the  Pension  Office  or  as  special  examine^ 
may  be  reappointed  if  they  be  found  to  be  qualified. 
Books.  For  the  purchase  of  statutes  and  other  necessar 

books  for  the  Pension  Office,  two  hundred  and  fifty  dollars 

*  #  # 

Approved,  May  28,  1896. 


AN  ACT  making  appropriation  for  the  payment  of  invalid  ;iml  othd 
pensions  of  the  United  States  for  the  fiscal  year  ending  June  thil 
tieth,  eighteen  hundred  and  ninety-nine,  .and  for  other  purposes. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      99 

dows,  minor  children,  dependent  relatives,  army  nurses, 

d  all  other  pensioners  who  are  now  borne  on  the  rolls, 

who  may  hereafter  be  placed  thereon,  under  the  pro- 

sions  of  any  and  all  acts  of  Congress,  one  hundred  and 

-ty  million   dollars:   Provided,   That  the   appropriation 

oresaid  for  navy  pensions  shall  be  paid  from  the  income 

the  navy  pension  fund,  so  far  as  the  same  may  be  suffi- 

mt  for  that  purpose:  Provided  farther,  That  the  amount 

id  to  each  of  the  several  classes  of  pensioners  shall  be 

iounted  for  separately :  Provided  further,  That  hereafter 

pensions  shall  be  paid  upon  power  of  attorney  from 
nsioners  residing  in  foreign  countries. 
For  lees  and  expenses  of  examining  surgeons  for  services 
ndered  within  the  fiscal  year  eighteen  hundred  and 
ncty-nine,  seven  hundred  thousand  dollars.  And  each 
imber  of  each  examining  board  shall,  as  now  authorized 

law,  receive  the  sum  of  two  dollars  for  the  examination 
each  applicant  whenever  five  or  a  less  number  shall  be 
amined  on  any  one  day,  and  one  dollar  for  the  examina- 
on  of  each  additional  applicant  on  such  day:  Provided. 
lat  if  twenty  or  more  applicants  appear  on  one  day,  no 
wer  than  twenty  shall,  if  practicable,  be  examined  on 
id  day,  and  that  if  fewer  examinations  be  then  made, 
venty  or  more  having  appeared,  then  there  shall  be  paid 
r  the  first  examinations  made  on  the  next  examination 
ay  the  fee  of  one  dollar  only  until  twenty  examinations 
lall  have  been  made:  Provided  further,  That  no  fee  shall 

paid  to  any  member  of  an  examining  board  unless 
jrsonally  present  and  assisting  in  the  examination  of 
>pli(;ant:  Provided,  That  the  report  of  such  examining 
irgeons  shall  specifically  state  the  rating  which  in  their 
dgmeut  the  applicant  is  entitled  to. 
For  salaries  of  eighteen  agents  for  the  payment  of  pen- 
on  s,  at  four  thousand  dollars  each,  seventy -two  thousand 
ollars. 

For  clerk  hire,  four  hundred  and  fifteen  thousand  dollars : 
'rovided,  That  the  amount  of  clerk  hire  for  each  agency 
lall  be  apportioned  as  nearly  as  practicable  in  proportion 
i  the  number  of  pensioners  paid  at  each  agency,  and  the 
ilaries  paid  shall  be  subject  to  the  approval  of  the  Secre- 
iry  of  the  Interior. 

For  fuel,  two  hundred  and  fifty  dollars. 
For  lights,  five  hundred  dollars. 
For  rents,  sixteen  thousand  and  eighty  dollars. 
For   stationery   and   other  necessary    expenses,  thirty 
lousand  dollars. 
Approved,  March  14,  1898. 


nil  i 

1 


100  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

AN  ACT  Making  appropriations  for  the  payment  of  invalid  andotheJ; 
pensions  of  the  United  States  for  the  fiscal  year  ending  Juno  thirl 
tieth,  nineteen  hundred,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives, 
of  the  United  /States  of  America  in  Congress  (itweinhled, 
That  the  following  sains  be,  and  the  same  are  hereby^, 
appropriated,  out  of  any  money  in  the  Treasury  not  otkerj! 
wise  appropriated,  for  the  payment  of  pensions  for  thil 
fiscal  year  ending  June  thirtieth,  nineteen  hundred,  and 
for  other  purpose,  namely : 

For  army  and  navy  pensions,  as  follows:  For  invalids, 
widows,  minor  children,  dependent  relatives,  army  nurses^ 
and  all  other  pensioners  who  are  now  borne  on  the  rolls,  or 
who  may  hereafter  be  placed  thereon,  under  the  provision! 
of  any  and  all  acts  of  Congress,  one  hundred  and  forty-four 
million  dollars :  Provided,  That  the  appropriation  aforesai 
for  navy  pensions  shall  be  paid  from  the  income  of  the  na 
pension  fund,  so  far  as  the  same  may  be  sufficient  for  th 
purpose:  Provided  further,  That  the  amount  paid  to  each 
of  the  several  classes  of  pensioners  shall  be  accounted  fof 
separately. 

For  fees  and  expenses  of  examining  surgeons  for  services 
rendered  within  the  fiscal  year  nineteen  hundred,  seven 
hundred  thousand  dollars.  And  each  member  of  each  exan% 
ining  board  shall,  as  now  authorized  by  law,  receive  the  sum 
of  two  dollars  for  the  examination  of  each  applicant  when- 
ever five  or  a  less  number  shall  be  examined  on  anyone  da$ 
and  one  dollar  for  the  examination  of  each  additional  appli- 
cant  on  such  day:  Provided,  That  if  twenty  or  more  appli- 
cants appear  on  one  day,  no  fewer  than  twenty  shall,  if 
practicable,  be  examined  on  said  day,  and  that  if  fewer 
examinations  be  then  made,  twenty  or  more  having  ap- 
peared, then  there  shall  be  paid  for  the  first  examination* 
made  on  the  next  examination  day  the  fee  of  one  dollar 
only  until  twenty  examinations  shall  have  been  made: 
Provided  further,  That  no  fee  shall  be  paid  to  any  member 
of  an  examining  board  unless  personally  present  and  assist 
ing  in  the  examination  of  applicant:  Provided,  That  the 
report  of  such  examining  surgeons  shall  specifically  state 
the  rating  which  in  their  judgment  the  applicant  is  ent» 
tied  to. 

For  salaries  of  eighteen  agents  for  the  payment  of  peri- 
sions,  at  four  thousand  dollars  each,  seventy-two  thousanl 
dollars. 

For  clerk  hire,  four  hundred  and  fifteen  thousand  dol- 
lars: Provided,  That  the  amount  of  clerk  hire  for  each 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     101 

pency  shall  be  apportioned  as  nearly' as  practicable  in 

oportion   to   the   number   of  penstoner^    p.-iM    at   •-.irli 

•eucy,   and   the   salaries   paid   shall   be  -subject   to   the 

>proval  of  the  Secretary  of  the  Interior. 

For  fuel,  two  hundred  and  fifty  dollars. 

For  lights,  five  hundred  dollars. 

For  rents,  sixteen  thousand  and  eight  dollars. 

For   stationery   and    other   necessary   expenses,   thirty 

ousand  dollars. 

Approved  February  4,  1899. 


ACT  To  provide  for  temporarily  increasing  the  military  establish- 
iient  of  the  United  States  in  time  of  war,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
the  United  States  of  America  in  Congress  assembled, 

******* 

SEC.  12.  That  all  officers  and  enlisted  men  of  the  Vol- 
teer  Artny,  and  of  the  militia  of  the  States  when  in  the 

rvice  of  the  United  States,  shall  be  in  all  respects  on  the 

me  footing  as  to  pay,  allowances,  and  pensions  as  that 
officers  and  enlisted  men  of  corresponding  grades  in  the 

3gular  Army. 

******* 

Approved,  April  22,  1898. 


AN  ACT  for  the  relief  of  the  Fourth  Arkansas  Mounted  Infantry. 

Whereas  during  the  latter  part  of  eighteen  hundred  and 
sty  three  and  the  early  part  of  eighteen  hundred  and 
xty-four,  under  authority  of  Major-General  Frederick 
;eele,  dated  October  twenty- third,  eighteen  hundred  and 
xty-three,  in  northwestern  Arkansas,  several  hundred 
en  were  recruited  in  Arkansas  for  the  United  States 
rmy,  and  organized  the  Fourth  Arkansas  Mounted  In- 
ntry  Volunteers,  under  the  command  of  Elisha  Baxter, 
ilonel  commanding,  and  were  put  into  active  service  in 
rkn nsas  with  other  United  States  soldiers  there,  and 
ere  furnished  arms,  ammunition,  and  uniforms  by  the 
nited  States  Government,  and  participated  in  several 
ittles,  and  lost  a  number  of  men  in  killed  and  wounded; 

Hi 

Whereas  said  regiment  was  disbanded  in  June,  eighteen 
nndred  and  sixty-four,  at  Devall  Bluff.  Arkansas,  with- 
it  having  been  actually  mustered  into  the  service  of  the 


102  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

United  Stares,  and  most  of  the  members  thereof  then 
enlisted  IM  •  other  United  States  regiments,  having  then 
served  as  members  of  the  said  Fourth  Arkansas  Mounted 
Infantry  for  a  period  of  from  six  to  eight  months;  and 

Whereas  on  account  of  never  having  been  mustered  into 
the  Army  of  the  United  States  the  names  of  the  members 
of  said  regiment  do  not  appear  on  the  rolls  of  the  Army, 
and  the  members  of  said  regiment  have  never  received 
any  pay  for  said  services;  and 

Whereas  Congress,  by  joint  resolution  approved  March 
eighteenth,  eighteen  hundred  and  seventy,  authorized  the 
War  Department  to  pay  such  claims  as  were  satisfactorily 
proven,  but,  through  the  avarice  of  claim  agents  or  others, 
rolls  of  the  members  of  said  regiment  were  made  up 
largely  in  excess  of  the  actual  membership  of  said  regi- 
ment, and  this  without  the  knowledge  or  fault  of  the  ac- 
tual members  thereof,  which  led  the  War  Department  to 
refuse  to  make  any  payment  thereon  whatever;  and 

Whereas  there  remain  about  one  hundred  members 
said  regiment,  now  old   and  decrepit,  and  nearly  all 
destitute   circumstances,   to  whom  the  pay  so  long  due 
them  from  the  Government  would  be  a  great  relief  in  their 
declining  years:  Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
the  Secretary  of  War  be,  and  is  hereby,  authorized  and 
directed  to  appoint  and  detail  a  competent  and  experi- 
enced officer  of  the  United  States  Army  as  referee,  who 
shall  have  authority  to  administer  oaths,  who  shall  give 
notice  of  the  times  and  places  of  taking  testimony  in  the 
State  of  Arkansas  or  elsewhere,  if  necessary,  that  claim- 
ants and  their  witnesses  may  appear  before  him,  and  shall 
carefully  examine  into  the  facts  and  take  proof  upon  the 
claims  for  service  of  the  members  of  the  Fourth  Arkansas 
Mounted  Infantry,  and  return  the  same,  together  with  his 
report  thereon,  to  the  Secretary  of  War;  and  that  t 
Secretary  of  War  is  hereby  directed  to  pay  such  claims 
the  members  of  said  regiment,  or  to  their  heirs,  as  he  sha 
be  satisfied  are  due  under  the  joint  resolution  of  Congress 
approved  March  eighteenth,  eighteen  hundred  and  seventy: 
Said  officer  shall  receive  conpemsation  for  actual  expeus 
incurred  under  the  provisions  hereof. 

Approved,  February  27,  1899. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

ACT  for  the  relief  of  the  sufferers   by  the  destruction  of  the 
United  States  steamer  Maine  in  the  harbor  of  Havana,  Cuba. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
the  United  8tates  of  America  in  Congress  assembled.  That 
reimburse  the  survivors  of  the  officers  and  crew  of  the 
nited  States  steamer  Maine,  destroyed  by  an  explosion  in 
lie  harbor  of  Havana,  Cuba,  on  the  fifteenth  day  of  Febru 
y,  eighteen  hundred  and  ninety-eight,  for  losses  incurred 
|y  them,  respectively,  in  the  destruction  of  said  vessel, 
Hi-re  shall  be  paid  to  each  of  said  survivors,  out  of  any 
iioney  in  the  Treasury  of  the  United  States  not  otherwise 
Ippropriated,  a  sum  equal  to  the  losses  so  sustained  by 
leni :  Provided,  That  the  accounting  officers  of  the  Treas- 
ry  shall  in  all  cases  require  a  schedule  and  affidavit  from 
[ach  person  making  a  claim  under  this  Act,  such  schedule 
lo  be  approved  by  the  Secretary  of  the  Navy;  and  reim- 
•ursement  shall  be  made  for  such  articles  of  clothing,  out- 
it,  and  for  such  personal  effects  only  as  are  of  a  character 
nd  value  and  in  quantity  suitable  and  appropriate  to  the 
|ank  or  rating  and  duty  of  the  person  by  whom  the  claim 
made:  Provided  further,  That  in  no  case  shall  the  aggre- 
gate sum  allowed  for  such  losses  exceed  the  amount  of 
;welve  months'  sea  pay  (without  rations)  of  the  grade  or 
hating  held  by  such  person  at  the  time  the  losses  were 
incurred. 

SEC.  2.  That  the  widow,  child,  or  children,  and  in  case 
Inhere  be  not  such,  that  the  parent  or  parents,  and  if  there 
no  parent,  the  brothers  and  sisters,  of  the  officers,  en- 
|listed  men,  and  others  who  were  lost  in  the  destruction  of 
lid  vessel,  or  who  have  died  or  who  may  die  within  one 
rear  from  date  of  the  disaster  in  consequence  of  injuries 
;eived  in  the  destruction  of  said  vessel,  shall  be  entitled 
;o  and  shall  receive,  out  of  any  money  in  the  Treasury  of 
;he  United  States  not  otherwise  appropriated,  to  wit:  The 
jlative,  in  the  order  named,  of  the  persons  heretofore  re- 
Iferred  to,  a  sum  equal  to  twelve  months'  sea  pay  of  the 
[grade  or  rating  of  each  person  deceased  as  aforesaid:  Pro- 
\vided,  That  the  legal  representatives  of  the  deceased  persons 
hereinbefore  referred  to  shall  also  be  paid  from  the  Treas- 
ury of  the  United  States  any  arrears  of  pay  due  the  deceased 
at  the  time  of  their  death:  Provided  further,  That  if  any 
person  who  shall  receive  reimbursement  under  this  Act, 
for  losses  incurred  in  said  disaster,  shall  die  within  the 
year  in  consequence  of  injuries  incurred  in  the  destruction 
of  said  vessel,  the  amount  so  paid  shall  be  deducted  from 
the  amount  of  twelve  months'  sea  pay  (without  rations) 
allowed  to  such  beneficiary  by  virtue  of  this  Act  of  relief. 


103 


104  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

SEC.  3.  That  the  accounting  officers  of  the  Treasury  be. 
and  they  are  hereby,  authorized  to  continue  for  a  period  01 
three  months  any  allotments  which  may  have  been  made 
in  favor  of  any  relatives  of  the  degrees  hereinbefore  enu 
merated  by  any  of  the  officers  and  men  attached  to  tin 
United  States  ship  Maine  who  lost  their  lives  in  or  in  con 
sequence  of  the  disaster  to  that  vessel :  Provided,  That  th< 
amount  of  the  allotments  so  continued  shall  be  deductei 
from  the  amount  of  twelve  months'  sea  pay  allowed  t< 
such  beneficiaries  by  virtue  of  this  Act  for  their  relief. 

SEC.  4.  That  the  relief  granted  by  the  provisions  of  thi 
Act  shall  be  in  full  satisfaction  of  any  and  all  claims  what 
ever  against  the  United  States  on  account  of  losses  01 
death  by  the  destruction  of  the  United  States  stearne- 
Maine;  and  any  claim  against  the  United  States  whicl 
shall  be  presented  and  acted  upon  under  the  authority  o 
this  Act  shall  be  held  to  be  finally  determined  and  shal 
not  in  any  manner  thereafter  be  reopened,  reconsidered 
supplemented  nor  be  subject  to  appeal  in  any  form ;  am 
the  method  of  presenting  and  establishing  said  claim 
hereinbefore  presented  shall  be  followed  in  lieu  of  thos< 
prescribed  by  acts  or  parts  of  acts  heretofore  enacted  re 
lating  to  the  presentation  and  allowance  of  similar  claims 
Provided,  That  nothing  herein  shall  affect  the  right  of  an? 
of  the  beneficiaries  under  this  Act  to  any  pension  to  whicl 
they  may  be  entitled  under  existing  law  after  the  expira 
tion  of  one  year  from  said  fifteenth  day  of  February 
eighteen  hundred  and  ninety-eight. 

SEC.  5.  That  no  claims  shall  be  allowed  under  the  pro 
visions  of  this  Act  which  shall  not  be  presented  withii 
two  years  after  the  date  of  its  passage. 

SEC.  6.  That  the  Secretary  of  the  Navy  be,  and  he  i 
hereby,  authorized,  whenever  in  his  discretion  it  may  l>- 
deemed  practicable  and  expedient,  to  cause  the  remains  o 
all  or  any  of  those  who  perished  in  consequence  of  sai< 
disaster  to  be  removed  to  the  United  States  cemetery  a 
Arlington:  Provided,  That  the  relatives  of  any  of  sucl 
deceased  officers  and  others  mentioned  in  this  Act  win 
prefer  that  the  remains  of  such  be  taken  to  their  home; 
within  the  United  States  shall  have  such  privilege  ex 
tended  to  them,  and  the  expense  thereof  shall  be  borne  b; 
the  United  States;  and  the  sum  of  ten  thousand  dollars 
or  so  much  thereof  as  may  be  necessary,  is  hereby  appro 
priated,  out  of  any  money  in  the  Treasury  not  other wisi 
appropriated,  to  carry  out  the  provisions  of  this  section. 

Approved,  March  30, 1898. 


ATHS;  EXECUTION  OF  PAPERS  AND   EVIDENCE  IN  PENSION 

CLAIMS. 


c.1778.  Oathsoracknowledgments,  before  whom  Act  July  26,  1892.  Declarations  and  other  papers, 
taken.  before  whom  executed. 

c.  4714.  Declarations,  executed  be  fore  court  of  I  Act  August  23,  1894.  Fourth-class  postmasters, 
record.  power  to  execute  vouchers. 


July  1,  1890.  Declarations,  affidavits,  and 
quarterly  vouchers,  to  be  executed 
before  whom. 

int  resuhitiun,  September  1, 1890.    Declarations 
affidavits,  and  other  papers,  executed 


Act  August  29,  1890.  Appropriations  for  clerical 
force  and  other  expenses ;  chief  clerks 
to  administer  oaths  without  fee;  offi- 
cers on  retired  list  debarred  from  re- 
ceiving pension. 


before  whom. 

n^^ 

SEC.  1778.  In  all  cases  in  which,  under  the  laws  of  thek°oa^11^ 

0  nited  States,  oaths   or  acknowledgments   may  now 

iken  or  made  before  any  justice  of  the  peace  of  any  Statet-ircuit  court 

commissioners. 

Territory,  or  in  the  District  of  Columbia,  they  may  here 

e  'ter  be  also  taken  or  made  before  or  by  any  notary  public 

ily  appointed  in  any  State,  district,  or  Territory,  or  any 

the  commissioners  of  the  circuit  courts,  and,  when  certi- 
fied under  the  hand  and  official  seal  of  such  notary  or  com- 
missioner, shall  have  the  same  force  and  effect  as  if  taken 
jjr  made  by  or  before  such  justice  of  the  peace. 

^ffice  of  commissioners  of  circuit  courts  abolished,  and  United 
States  commissioners  created  by  Section  19,  Act  approved 
May  28,  1896.  (29  Stat.  £.,  184.) 

SEC.  4714.  Declarations  of  pension   claimants  shall  be    Declarations 

lul  J  must  be  executed 

^iade  before  a  court  of  record,  or  before  some  officer  thereof  Before  a  court  of 
aving  custody  of  its  seal,  said  officer  hereby  being  fully  — —     ' 
uthorized  and  empowered  to  administer  and  certify  any  ISTS;'  sec.  3,   'i 

1  ath  or  affirmation  relating  to  any  pension  or  application 


•:  Provided,  That  the  Commissioner  of  Pensions  may 
esignate,  in  localities  more  than  twenty-five  miles  distant 
•om  any  place  at  which  such  court  is  holden,  persons  duly 
nalified  to  administer  oaths,  before  whom  declarations  may 
e  made  and  testimony  taken,  and  may  accept  declarations 
f  claimants  residing  in  foreign  countries  made  before  a 
T  nited  States  minister  or  consul,  or  before  some  officer  of 
he  country  duly  authorized  to  administer  oaths  for  general 
urposes,  and  whose  official  character  and  signature  shall 
>e  duly  authenticated  by  the  certificate  of  a  United  States 

105 


106  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

minister  or  consul;  declarations  in  claims  of  Indians  mad< 
before  a  United  States  agent;  and  declarations  in  claims 
sec.  21, 3  Mar.,  under  the  provisions  of  this  Title  relating  to  pensions  foi 
servkies  in  the  war  of  eighteen  hundred  and  twelve,  m;ul< 
before  an  officer  duly  authorized  to  administer  oaths  foi 
general  purposes,  when  the  applicants,  by  reason  of  infirm] 
ity  of  age,  are  unable  to  travel :  Provided,  That  any  declan 
tion  made  before  an  officer  duly  authorized  to  adiniuistej 
oaths  for  general  purposes  shall  be  accepted  to  exempt 
claim  from  the  limitation  as  to  date  of  filing  prescribed  ii 
section  forty-seven  hundred  and  nine. 


The  above  Section  amended  and  extended  by  the  following 
Acts  approved  July  1,  1890,  September  1,  1890,  and  Jul\ 
26,  1892: 

Act  1  July,  1890.  AN  ACT  in  relation  to  oaths  in  pension  and  other  cases. 

Be  it  enacted  by  the  Senate  and  House  of  Represcntativ 
Declarations  the  United  States  of  Americain  Congress  assembled,  That 

and  all  affidavits  and  declarations  to  be  hereafter  made  o| 
used  in  any  pension  or  bounty  cases,  or  in  claims  again}) 
the  Government  for  back  pay  or  arrears  or  increase  of  pel 
sion,  or  for  quarterly  vouchers,  may  be  taken  by  any  offi< 
authorized  to  administer  oaths  for  general  purposes  in  thj 
State,  city,  or  county  where  said  officer  resides.  If  sucl 
officer  has  a  seal  and  uses  it  upon  such  paper,  no  certificatj 
of  a  county  clerk,  or  prothouotary,  or  clerk  of  a  court  shal 
be  necessary;  but  when  no  seal  is  used  by  the  officer  taking 
such  affidavit,  then  a  clerk  of  a  court  of  record,  or  a  count] 
or  city  clerk,  shall  affix  his  official  seal  thereto,  and  shail 
certify  to  the  signature  and  official  character  of  said  officei) 
Approved,  July  1,  1890. 


Joint    Resolu- JOINT  RESOLUTION  amending  and  construing  the  Act   approi 
tion,  1  Sept.,  1890.     July  firg^  ^ghteen  hundred  and  ninety,  in  relation  to  oaths  in 
sion  and  other  cases. 

Resolved  by  the  Senate  and  House  of  Representatives  of 
oaths.  United  States  of  America  in  Congress  assembled,  That  th 

Act  approved  July  first,  eighteen  hundred  and  ninety) 
entitled  "An  Act  in  relation  to  oaths  in  pension  and  otlx 
cases,"  be  and  the  same  is  hereby,  amended  and  construe 
to  mean  that  when  declarations,  affidavits,  and  other  paper! 
who  authorized,  are  verified  by  justices  of  the  peace  and  other  officers  dulj 
authorized  by  law  to  administer  oaths  for  general  purpose 
but  not  required  by  law  to  have  seals,  the  official  charactei) 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS      107 

^nature,  and  term  of  service  of  such  justice  or  other 
icer  shall  be  certified  by  the  clerk  of  the  county  or  court 

record  or  other  proper  officer,  under  the  seal  of  such 
unty  or  court  or  public  officer,  in  the  department  or 
reau  in  which  such  papers  are  to  be  used;  and  one  such 
rtificate  duly  filed  in  such  department  or  bureau,  or  with 
y  pension  agent,  shall  be  sufficient  as  to  all  verifications 

such  officer  during  his  official  term,  and  all  papers  here- 
before  or  hereafter  filed  shall  be  subject  to  this  rule. 
Approved  September  1,  1890. 


ACT  in  relation  to  the  execution  of  declarations  and  other  papers 
in  pension  claims."1 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
United  States  of  America  in  Congress  assembled.  That    Declarations 

,     ,  ,    ,  ,      ,      ,,  and  other  papers 

;clarations  of  pension  claimants  shall  be  made  before  a  in  pension  claims 

,  ,      f,  nf,  .,  /.  n  before  whom  ex- 

urt  of  record,  or  before  some  officer  thereof  having  cus-  eeuted. 
dy  of  its  seal,  or  before  some  officer  who,  under  the  laws 
his  State,  city,  or  county,  has  authority  to  administer 
ths  for  general  purposes;  and  said  officers  are  hereby 
ly  authorized  and  empowered  to  administer  and  certify 
y  oath  or  affirmation  relating  to  any  pension  or  applica- 
m  therefor:  Provided,  That  where  such  declarations  or    officers  not  re- 
her  papers  are  executed  before  an  officer  authorized  as  seaf  to 


•ove  but  not  required  by  the  laws  of  his  State  to 

d  use  a  seal  to  authenticate  his  official  acts,  he  shall  file 

the  Pension  Bureau  a  certificate  of  his  official  character, 
owing  his  official  signature  and  term  of  office,  certified 

a  clerk  of  a  court  of  record  or  other  proper  officer  of 
e  State  as  to  the  genuineness  thereof;  and  when  said 
[•tificate  has  been  filed  in  the  Bureau  of  Pensions  his 
rn  certificate  will  be  recognized  during  his  term  of  office. 
SEC.  2.  That  the  Commissioner  of  Pensions  may  accept 
claratious  and  other  papers  of  claimants  residing  in 
reign  countries  made  before  a  United  States  minister  or 
nsul  or  other  consular  officer,  or  before  some  officer  of  the 
uutry  duly  authorized  to  administer  oaths  for  general 
irposes,  and  whose  official  character  and  signature  shall 

duly  authenticated  by  the  certificate  of  a  United  States 
mister  or  consul  or  other  consular  officer; 
And  declarations  in  claims  of  Indians  mav  be  made    Declarations 

in  claims  of  In- 


*•  TT    'L     i   on  T     -i. 

ifore  a  United  States  Indian  agent. 
SEC.  3.  That  any  and  all  declarations  or  affidavits  now    Declarations 
file  in  the  Pension  Bureau  which  are  considered  informal 


'  reason  of  not  having  been  executed  in  conformity  to  the  g0e0rd.act8  made 

*  For  Cuba  and  Porto  Rico  see  p.  109. 


108 


,AWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS 


Repeal. 


laws  heretofore  in  force  covering  such,  and  in  which  it 
shown  or  may  be  hereafter  shown  by  proper  evidence  tin 
the  same  were  executed  by  and  before  an  officer  who  was 
duly  authorized  to  administer  oaths  for  general  purpose 
at  said  date  of  execution,  shall  be  accepted  as  formal 
from  date  of  filing  such  declarations  or  affidavits. 

SEC.  4.  That  all  acts  and  parts  of  acts  inconsistent  witl 
the  provisions  of  this  Act  are  hereby  repealed. 

Approved,  July  26,  1892. 


Act  23   Aug.,  AN  ACT  empowering  fourth-class  postmasters  to  administer  oaths  to  j 
894- pensioners. 


Vouchers  may  Be  it  enacted  by  the  Senate  and  House  of  Representative^ 
fore  fourth  class  of  the  United  States  of  America  in  Congress  assembled.  That] 
hereafter,  in  addition  to  the  officers  now  authorized  to  ad- 
minister oaths  in  such  cases,  fourth-class  postmasters  oil 
the  United  States  are  hereby  required,  empowered,  and 
authorized  to  administer  any  and  all  oaths  required  to  b0] 
made  by  pensioners  and  their  witnesses  in  the  executioi 
of  their  vouchers  with  like  effect  and  force  as  officers  hi 
ing  a  seal;  and  such  postmaster  shall  affix  the  stamp  of 
office  to  his  signature  to  such  vouchers,  and  he  is  authi 
ized  to  charge  and  receive  for  each  voucher  not  exceeding 
twenty-five  cents,  to  be  paid  by  the  pensioner. 
Approved,  August  23, 1894. 


Act  29  Aug.,  AN  ACT  making  appropriations  for  additional  clerical  force  and  othi 
1890' expenses,  etc. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  oj 

the  United  States  of  America  in  Congress  assembled,    * 

****** 

oaths.  And  no  officer,  clerk,  or  employee  of  any  executive  depart-] 

meut  who  is  also  a  notary  public  or  other  officer  authorized] 
to  administer  oaths,  shall  charge  or  receive  any  fee  or  com 
pensation  for  administering  oaths  of  office  to  employees  oj| 
such  department  required  to  be  taken  on  appointment  01 
promotion  therein. 


chief  clerks  to     And  the  chief  clerks  of  the  several  Executive  Depa 

administer. 

ments  and  of  the  various  bureaus  and  offices  thereof  if 
Washington,  District  of  Columbia,  are  hereby  authorized 
and  directed,  on  application   and   without  coinpensntioi 
therefor,  to  administer  oaths  of  office  to  employees  requirecj 
to  be  taken  on  their  appointment  or  promotion. 
officer  on  re      SEC.  2.  Hereafter  no  officer  of  the  Army,  Xavy  or  Mariiil 
Corps  on  the  retired  list  shall  draw  or  receive  any  pensiot] 
under  any  law. 
Approved,  August  29,  1890. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  109 

Circular  No.  11.          )  WAR   DEPARTMENT, 

Amir  '  "l  f  ^hington,  March  38,  1899. 

The  following  is  published  for  the  information  and  guid- 
ice  of  all  concerned  : 

Hereafter  all  oaths  administered  out  of  Cuba  or  Porto  Rico,  ill 
thenticatioii  of  le^al  documents  to  bo  used  in  Cuba  or  Porto  Rico, 
all  be  held  valid  when  duly  administered  and  taken  according  to 
e  law  of  the  place  where  taken,  and  when  the  official  character  of 
e  officer  administering  such  oath  is  duly  authenticated  by  the  cer- 
icatc  of  the  officer  who  is  custodian  of  the  official  record  of  his 
pointmeut,  election,  or  qualification. 

Iii  order  to  facilitate  the  transaction  of  legal  and  com- 
ercial  intercourse  in  the  matter  of  authentication  of  legal 
jcuments  between  the  United  States  and  the  islands  of 
aba  and  Porto  Eico,  there  will  be  kept  at  the  headquar- 
rs  of  each  military  department  in  these  islands  a  com- 
ete  list  of  notaries  public  resident  in  the  department, 
•getlier  with  their  signs,  seals,  and  signatures;  and  it  is 
3reby  made  the  duty  of  the  assistant  adjutant -general  or 
sting  assistant  adjutant-general  of  the  department  to 
Ttify,  when  necessary,  to  the  official  character  of  any  such 
Dtary  public  or  other  civil  officer  authorized  by  law  to 
[minister  oaths. 

Lists  of  notaries  public,  showing  their  official  residences, 
getber  with  their  signs,  seals,  and  signatures,  will  be  for- 
arded  at  once  by  department  commanders  in  Cuba  and 
orto  Eico  direct  to  the  Assistant  Secretary  of  War. 

G.  £>.  MEIKLEJOHN, 

Acting  Secretary  of  War. 


LAWS   RELATING   TO   PENSION    AGENTS   AND   PAYMENT 

PENSIONS. 


tfl 


SEC.  4764.  Pension  agents  to  send  quarterly 
vouchers  to  each  pensioner. 

Act  March  3,  1891.  Payment  of  pension  by  pen- 
sion agents,  amending  Sec.  4764. 

SEC.  4765.  Checks  to  be  drawn  to  order  of  each 
pensioner. 

Act  March  1,  1889.  Mailing  of  pension  agent's 
check  constitutes  payment ;  accrued 
pension;  United  States  officers  to 
administer  oaths. 

SEC.  4766.  Pensions  to  be  paid  only  to  persons  en- 
titled. 

Act  February  26,  1881,  amending  Sec.  4766. 

Act  August  7,  1882.  Pensions  due  inmates  of 
National  Home  to  be  paid  to  treas- 
urer of  Home. 

Act  August  7,  1882.  Payment  of  pension  to  in- 
sane persons,  inmates  of  National 
Home  for  Disable  I  Volunteer  Sol- 
diers; admission  to  Government 
Hospital  for  the  Insane. 

Act  August  8,  1882,  amending  Sec.  4766.  Pension 
to  be  paid  only  to  persons  entitled; 
payment  of  pension  due  insane  pen- 
sioner; Commissioner  to  visit  pen- 
sion agencies;  payment  to  persons 
residing  in  foreign  countries. 

Act  March  3,  1883.  Inmates  of  Soldiers'  Home 
located  at  Washington,  D.  C.,  pay- 
ment of  pension  to  and  allotment  of 
pension  by. 

Pension  agents     SEC.  4764.  Within  fifteen  days  immediately  preceding] 
vouche«uto  eeacn"  fourth  day  of  March,  June,  September,  and  December  inea 

—  j  year,  the  several  agents  for  the  payment  of  pensions  sliil 
1870.°' ]  ^  prepare  a  quarterly  voucher  for  every  person  whose  peil 
sion  is  payable  at  his  agency,  and  transmit  the  same  b 
mail,  directed  to  the  address  of  the  pensioner  named  in  suQ 
voucher,  who,  on  or  after  the  fourth  day  of  March,  JunJ 
September,  and  December  next  succeeding  the  date  of  sue 
voucher,  may  execute  and  return  the  same  to  the  agency  al 
which  it  was  prepared,  and  at  which  the  pension  of  sue] 
person  is  due  and  payable. 

The  above  Section  amended  by  tKe  following  Act: 


SEC.  4TG7.  Blanks  for  vouchers:  notice. 

SEC.  4768.  Certificate  of  pension  and  article^" 

agreement     forwarded     to    ponsij 

agent. 

SEC.  4769.  Fees  deducted  by  pension  agent. 
SEC.  4770.  Now  Sec.  3646,  Ilevised  Statutes. 
SEC.  3646.  Pension  agent's  check  lost,  stole 

destroyed. 
SEC.  4778.  Pension  agent's  appointment  and 

of  office. 

Act  March  8,  1878,  amending  Sec.  47' 
SEC.  4779.  Bond  of  pension  agents. 
SEC.  4780.  Pension  agencies,  establishment  of. 
SECS.  4781  and  4782  repealed  by  Act  June  14,  If  I 
Reference:  January  25, 1879;  March  3, 1879;  Jnj 

4,  1884,  and  March  3,  1885. 
Act  June  14,  1878.  Pension  agents'  salaries; 

sion  agencies,  expenses  of. 
SEC.  4784.  Pension  agents  and  their  clerks  f  < 

affidavit  without  fee. 
Act  March  23,  1896,  repealing  Sec.  4784. 
Act  August  7,  1882.    Government  Hospital 

the  Insane ;  insane  persons  from  Ml 

tional  Home  for  Disabled  Voluntel 

Soldiers  to  be  admitted  to ;  payraf  | 

of  pension  to  same. 


110 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  Ill 

f  ACT  making  approprifttionfl  for  tlie  payment  of  invalid  and  other  Act  3  Mar.,  1891. 

asions    of   the    I'nitrd    States,    for  the  fiscal    year  ending  June"" 
thirtieth,  eighteen  hundred  and  ninety-two,  and  for  other  purposes. 

*  *  *  *  •  *  * 

Si:c.2.  That  the  Secretary  of  the  Interior  is  hereby  author-  Payment  of 
.•(1  mid  directed  to  arrange  the  various  agencies  for  the  pay -^  •cent*! '" 
[•nl  of  pensions  in  three  groups,  as  he,  may  think  proper,  and 
<y  from  time  to  time  change  any  agency  from  one,  group 
another  as  he  may  deem  convenient  for  the  transaction 
the  public  business.  The  first  group  shall  make  their 
larterly  payments  of  pensions  on  January  fourth,  April 
iirth,  July  fourth,  and  October  fourth  of  each  year;  the 
cond  group  shall  make  their  quarterly  payments  of  pen- 
)ns  on  February  fourth,  May  fourth,  August  fourth,  and 
>\ ember  fourth  of  each  year;  and  the  third  group  shall 
ake  their  quarterly  payments  of  pensions  on  March  fourth, 
ne  fourth,  September  fourth,  and  December  fourth  of 
ch  year.  The  Secretary  of  the  Interior  is  hereby  fully 
thorized  to  cause  payments  of  pensions  to  be  made  for 
e  fractional  parts  of  quarters  created  by  such  change,  so 
to  properly  adjust  all  payments  as  herein  provided.  Sec- 
>n  forty-seven  hundred  and  sixty-four  of  the  Revised 
atutes  is  hereby  so  amended  as  to  conform  to  the  changes 
the  time  of  payments  provided  herein,  and  is  made  ap- 
icable  thereto. 

The  sum  of  fifteen  thousand  dollars  is  hereby  apprOpri- 
ed  to  meet  the  expenses  involved  in  carrying  into  effect 
e  changes  herein  provided  for. 


SEC.  4765.  Upon  the  receipt  of  such  voucher,  properly    check  to  be 

ecuted,  and  the  identity  of  the  pensioner  being  estab-  elch  pe^oner^ 

hed  and  proved  in  the  manner  prescribed  by  the  Secre-    s«c.  2,  s  July, 

ry  of  the  Interior,  the  agent  for  the  payment  of  pensions  '* 

all  immediately  draw  his  check  on  the  proper  assistant 

usurer  or  designated  depositary  of  the  United  States  for 

e  amount  due  such  pensioner,  payable  to  his  order,  and 

uismit  the  same  by  mail,  directed  to  the  address  of 

e  pensioner  entitled  thereto;  but  any  pensioner  may  be 

quired,  if  thought  proper  by  the  Commissioner  of  Pen- 

ms,  to  appear  personally  and  receive  his  pension. 

The  above  Section  amended  by  the  following  Act: 


112  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

Act  1  Max.,  1889.  AN  ACT  relating  to  the  payment  of  pensions  where,  subsequent  1 

issuance  of  check,  pensioner  dies. 

Pension  checks.  *  *  *  That  a  check  or  checks  drawn  by  a  pensiq 
agent  in  payment  of  pension  due,  and  mailed  by  him  f 
the  address  of  the  pensioner,  shall  constitute  payinei; 
within  the  meaning  of  section  forty  seven  hundred  an 
sixty-five,  Kevised  Statutes,  in  the  event  of  the  death  of 
pensioner  subsequent  to  the  mailing  and  before  the  receic 
of  said  check;  and  the  amount  which  may  have  accrued  d 
the  pension  of  any  pensioner  subsequent  to  the  last  qua) 
terly  payment  on  account  thereof  and  prior  to  the  death  J 
such  pensioner  shall  in  the  case  of  a  husband  be  paid1] 
his  widow,  or  if  there  be  no  widow  to  his  surviving  mini 
children  or  the  guardian  thereof,  and  in  the  case  of  a  wide 

cften8ioncertifi  *°  her  minor  children:  Provided,  That  hereafter  wheuev- 
a  pension  certificate  shall  have  been  issued  and  the  pej 
sioner  mentioned  therein  dies  before  payment  shall  hs 
been  made,  leaving  no  widow  and  no  surviving  minor 
(Iron,  the  accrued  pension  due  on  said  certificate  to  the 
of  the  death  of  such  pensioner  may  in  the  discretion  of 
Secretary  of  the  Interior  be  paid  to  the  legal  representativ 

ofiSei^to  admin8  of  said  pensioner :  And  provided  further,  That  hereafter 
United  States  officers  now  authorized  to  administer  oa 
are  hereby  required  and  directed  to  administer  any  and 
oaths  required  to  be  made  by  pensioners  and  their  witne 
in  the  execution  of  their  vouchers  for  their  pensions  free 
charge. 

Approved,  March  1,  1889. 

(See  Sec.  4718,  Eev.  Stat.,  p.  77.) 


•fti 


paTd oni°y to*£     SEC-  4766-  Hereafter  no  pension  shall  be  paid  to 
sons  entitled,     person  other  than  the  pensioner  entitled  thereto,  nor  otl 
i8?oc' 3>  8  July'  w'se  than  according  to  the  provisions  of  this  title,  am 

warrant,  power  of  attorney,  or  other  paper  executed  or  pll 
porting  to  be  executed  by  any  pensioner  to  any  attorn<[ 
claim-agent,  broker,  or  other  person  shall  be  recognized; 
any  agent  for  the  payment  of  pensions,  nor  shall  any  pl| 
sion  be  paid  thereon;  but  the  payment  to  persons  laboi 
under  legal  disabilities  may  be  made  to  the  guardians j 
such  persons  in  the  manner  herein  prescribed;  and  pensi< 
payable  to  persons  in  foreign  countries  may  be  made 
ing  to  the  provisions  of  existing  laws. 

The  above  Section  amended  by  Ihe  following  Acts,appro\ 
February  26,  1881,  August  7,  1882,  and  March  3,  1883: 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  113 

ACT  making  appropriations  for  the  payment  of  invalid  and  other  Act  26    Feb.. 

pensions  of  the  United  States  for  the  fiscal  year  ending  Juno  thirtieth,        ' ,. 

ighteen  hundred  and  eighty-two,  and  for  deficiencies  and  for  other 

purposes. 


SEC.  2.  All  pensions  payable,  or  to  be  paid  under  this    Regulating 

.  i  -r-r  /»      payment  of  pen- 

ct,  to  pensioners  who  are  inmates  of  the  National  Home  for  sions  to  inmates 
isablcd  Volunteer  Soldiers,  shall  be  paid  to  the  treasurer  diers 
treasurers  of  said  home,  upon  security  given  to  the  satis- 
ction  of  the  managers,  to  be  disbursed  for  the  benefit  of 
e  pensioners  without  deduction  for  fines  or  penalties  under 
gulations  to  be  established  by  the  managers  of  the  home  5 
id  payment  to  be  made  by  the  pension  agent  upon  a  cer- 
Icate  of  the  proper  officer  of  the  home  that  the  pensioner 
an  inmate  thereof  and  is  still  living.    Any  balance  of  the 
vision  which  may  remain  at  the  date  of  the  pensioner's 
scharge  shall  be  paid  over  to  him ;  and  in  case  of  his  death 
the  home,  the  same  shall  be  paid  to  the  widow,  or  children, 
in  default  of  either  to  his  legal  representatives. 
Approved,  February  26,  1881. 


ACT  making  appropriations  for  sundry  civil  expenses  of  the  Gov-    Act  7    Aug. 

arnment  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred 1882> 

and  eighty-three,  and  for  other  purposes. 


"That  all  pensions  and  arrears  of  pensions  payable  or  to    Pensions,  etc., 

•  •%    ,  i  ,.due    inmates   of 

i  paid  to  pensioners  who  are  or  may  become  inmates  of  National   Home 
e  National  Home  for  Disabled  Volunteer  Soldiers,  shall  SeaJ^SfStc.*0 
i  paid  to  the  treasurers  of  said  Home,  to  be  applied  by 
ch  treasurers  as  provided  by  law,  under  the  rules  and 
gulations  of  said  Home.     Said  payments  shall  be  made 
r  the  pension  agent  upon  a  certificate  of  the  proper  officer 
the  Home  that  the  pensioner  is  an  inmate  thereof  on  the 
y  to  which  said  pension  is  drawn.     The  treasurers  of  said 
ome,  respectively,  shall  give  security,  to  the  satisfaction 
the  managers  of  said  Home,  for  the  payment  and  appli- 
tion  by  them  of  all  arrears  of  pension  and  pension  mon 
s  they  may  receive  under  the  aforesaid  provision.     And 
ction  two  of  the  Act  entitled  'An  Act  making  appropria-    21  stat.L.,35o. 
[>ns  for  the  payment  of  invalid  and  other  pensions  of  the 
nited  States  for  the  fiscal  year  ending  June  thirtieth, 
ghteen  hundred  and  eighty- two,  and  for  deficiencies,  and 
r    other    purposes,'    approved    February   twenty-sixth, 

5323—02 8 


114  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

eighteen  hundred  and  eighty-one,  is  hereby  revived  an< 
continued  in  force." 

******* 
Approved,  August  7,  1882. 


Payment  of  AN  ACT  making  appropriations  for  sundry  civil  expenses  of  the 
Ffona"    Home,      eminent  for   the  fiscal   year  ending  June  30,  1883,  and   for  oth< 
purposes. 

******* 
Provided,  That  in  addition  to  the  persons  now  entitled 
admission  to  said  hospital,  any  inmate  of  the  Nation* 
Home  for1  Disabled  Volunteer  Soldiers,  who  is  now  or  may! 
hereafter  become  insane  shall,  upon  an  order  of  the  presi  I 
dent  of  the  board  of  managers  of  the  said  National  Home 
be  admitted  to  said  hospital  and  treated  therein;  and  ii 
any  inmate  so  admitted  from  said  National  Home  is  01 
thereafter  becomes  a  pensioner,  and  has  neither  wife,  niinoil 
child,  nor  parent  dependent  upon  him,  in  whole  or  in  parti 
for  support,  his  arrears  of  pension  and  his  pension  rnonej 
accruing  during  the  period  he  shall  remain  in  said  hospita 
shall  be  applied  to  his  support  in  said  hospital,  and  be  paic'j 
over  to  the  proper  officer  of  said  institution  for  the  genei 
uses  thereof.     (Act  of  August  7, 1882,  22  Stat.  L.,  330.) 


Act    8    Aug.,  AN  ACT  to  amend  section  forty-seven  hundred   and  sixty-six,  titlJ 


1882. 


fifty-seven,  of  the  Revised  Statutes  of  the  United  States. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
the  United  States  of  America  in  Congress  assembled,  Thj 
section  forty-seven  hundred  and  sixty-six,  title  fifty-seven! 
of  the  Eevised  Statutes  of  the  United  States  is  herebfl 
amended  to  read  as  follows: 

Pensions  to  be     "SEC.  4766.*  Hereafter  no  pension  shall  be  paid  to 
s«ns  entitled  per  person  other  than  the  pensioner  entitled  thereto,  nor  oth< 
wise  than  according  to  the  provisions  of  this  title;  and 
warrant,  power  of  attorney,  or  other  paper  executed  or  pi 
porting  to  be  executed  by  any  pensioner  to  any  attorney] 
claim  agent,  broker,  or  other  persons  shall  be  recognized  b;| 
any  agent  for  the  payment  of  pensions,  nor  shall  any  p 
sion  be  paid  thereon;  but  the  payment  to  persons  laborin: 
under  legal  disabilities  may  be  made  to  the  guardians 
such  persons  in  the  manner  herein  prescribed,  and  pension! 
payable  to  persons  in  foreign  countries  may  be  made  accord! 
ing  to  the  provisions  of  existing  laws :  Provided,  That  ij 
case  of  an  insane  invalid  pensioner  having  no  guardian,  bi 


*  Amended,  Act  March  3, 1899,  pp.  121, 122;  Act  March  14, 1898,  pp.  98,  99. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  115 


aving  a  wife  or  children  dependent  upon  him  (the  wife  e 
eiug  a  womtiii  of  good  character),  the  Commissioner  of^eifepaid  to  hi8 
^ensions  is  hereby  authorized,  in  his  discretion,  to  cause 
ic  pension  to  be  paid  to  the  wife,  upon  her  properly-exe- 
uted  voucher,  or  in  case  there  is  no  wife,  to  the  guardian 
f  the  children,  upon  the  properly-executed  voucher  of  such 
uardian,  and  in  like  manner  to  cause  the  pension  of  invalid 
ensioners  who  are  or  may  hereafter  be  imprisoned  as  pun- 
shinent  for  offenses  against  the  laws  to  be  paid  while  so 
mprisoned  to  their  wives  or  the  guardians  of  their  children. 
d  pensions  to  Indian  pensioners  residing  in  the  Indian 
erritory  may  be  paid  in  person  by  the  pension  agent,  upon 
suitable  voucher,  at  some  convenient  point  in  said  Terri- 
ory,  which,  together  with  the  form  arid  manner  of  identifi- 
ation  of  the  pensioners,  maybe  prescribed  by  the  Secretary 
F  the  Interior;  such  payments  to  be  made  in  standard 
liver,  at  least  once  in  each  current  year.  And  payments 
a  person  shall  be  made  to  the  pensioner,  in  cash,  by  the 
ension  agent  whenever  in  the  discretion  of  the  Commis- 
loner  of  Pensions  such  personal  payment  shall  be  by  him 
eemed  necessary  or  proper  to  secure  to  the  pensioner  his 
ghts;  and  the  necessary  and  actual  expenses  of  such  pen- 
ion  agent  in  making  such  payments  shall  be  paid  by  the 
ecretary  of  the  Interior  upon  properly-executed  vouchers, 
ut  of  the  contingent  fund  appropriated  for  the  use  of  the 
'ension  Office.  The  Commissioner  of  Pensions  may.  when  .  Commissioner 

to  visit   pension 

ti  his  judgment  it  shall  be  deemed  necessary  or  proper,  visit  agencies. 

person,  for  the  purpose  of  examination  and  inspection,  or 
aay  send  any  one  or  more  of  the  officers  of  his  bureau  for 
lat  purpose,  any  of  the  pension  agencies  or  medical  exam- 
ring  boards  or  surgeons;  and  the  necessary  and  actual  ex- 
cuses of  such  visits  shall  be  paid  by  the  Secretary  of  the 
nterior  upon  properly-executed  vouchers,  out  of  the  con- 
ngent  fund  of  said  bureau.77 

Approved,  August  8,  1882. 


N  ACT  prescribing  regulations  for  the  Soldiers'  Home  located  at     Act    3    Mar. 
Washington,  in  the  District  of  Columbia,  and  for  other  purposes.  _  . 


SEC.  4.  That  any  inmate  of  the  Home  who  is  receiving  a    Pensioners  in- 

.        mates   of   Home 

ension  irom  the  Government,  and  who  has  a  child,  wife,  can  allot  portion 

,  ,.     .  .,1-1-1  .        of  pension,  etc. 

r  parent  living,  shall  be  entitled,  by  tiling  with  the  pension 

gent  from  whom  he  receives  his  money  a  written  direction 

o  that  effect,  to  have  his  pension,  or  any  part  of  it,  paid  to 

uch  child,  wife,  or  parent.     The  pensions  of  all  who  now    Pensions,  etc., 

re  or  shall  hereafter  become  inmates  of  the  Home,  except  treasurer. 


116  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

such  as  shall  be  assigned  as  aforesaid,  shall  be  paid  to  the 
treasurer  of  the  Horne.  The  money  thus  derived  shall  not 
become  a  part  of  the  funds  of  the  Home,  but  shall  be  held 
by  the  treasurer  in  trust  for  the  pensioner  to  whom  it  would 
otherwise  have  been  paid,  and  such  part  of  it  as  shall  not 
sooner  have  been  paid  to  him  shall  be  paid  to  him  on  his 
Pension  paid  in  discharge  from  the  institution.  The  board  of  coinmissiou- 

full  on  discharge 

of  pensioner  from  ers  may  from  time  to  time  pay  over  to  any  inmate  such  part 
of  his  pension  money  as  they  think  best  for  his  interest  and] 
consistent  with  the  discipline  and  good  order  of  the  Home, 
but  such  pensioner  shall  not  be  entitled  to  demand  or  have 
the  same  so  long  as  he  remains  an  inmate  of  the  Home.  In< 
Death  of  pen  case  of  the  death  of  any  pensioner,  any  pension  money  due 

duene\c'.,™aideto  him  and  remaining  in  the  hands  of  the  treasurer  shall  be 
paid  to  his  legal  heirs,  if  demand  is  made  within  three  years 


otherwise  the  same  shall  escheat  to  the  Home. 

***•*• 


Approved,  March  3,  1883. 


Blanks  for  SEC.  4767.  The  Secretary  of  the  Interior  shall  cause  suit- 
able blanks  for  the  vouchers  mentioned  in  section  forty- 
i87o°' '  5'  seven  hundred  and  sixty-four  to  be  printed  and  distributed 
to  the  agents  for  the  payment  of  pensions,  upon  which  he 
shall  cause  a  note  to  be  printed,  informing  pensioners  of  the 
fact  that  hereafter  no  pension  will  be  paid,  except  upon  the 
vouchers  issued  as  herein  directed. 

Sec.  9,  8  July,      SEC.  4768.  The  Commissioner  of  Pensions  shall  forward 

1870;    Sec.   6,    14 

July,  1862;  sec-,  the  certificate  of  pension,  granted  in  any  case,  to  the  agent 
Repealed  as  to  for  paying  pensions  where  such  certificate  is  made  payable| 
AcT2ojuen8e,i8780  and  at  the  same  time  forward  therewith  one  of  the  article 
jane?  1879.'  4|  25  of  agreement  filed  in  the  case  and  approved  by  the  Co 
missioner,  setting  forth  the  fee  agreed  upon  between  th 
claimant  and  the  attorney  or  agent;  and  where  no  agree- 
ment is  on  file,  as  hereinbefore  provided,  he  shall  direct  t  hat 
a  fee  of  ten  dollars  only  be  paid  the  agent  or  attorney. 

see  sec.  4,  25  SEC.  4769.  It  shall  be  the  duty  of  the  agent  paying  such 
sec.  10,  s  July,  pension  to  deduct  from  the  amount  due  the  pensioner  the] 
Repealed  as  to  amount  of  fees  so  agreed  upon  or  directed  by  the  Commis-j 


siouer  to  be  paid  where  no  agreement  is  filed  and  approved, 
,"  and  to  forward  or  cause  to  be  forwarded  to  the  agent  or  attor- 
ney of  record  named  in  such  agreement,  or,  in  case  there  is; 
no  agreement,  to  the  agent  prosecuting  the  case,  the  amouut| 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     117 

?  the  proper  fee,  deducting  therefrom  the  sum  of  thirty 
3nts  in  payment  of  his  services  in  forwarding  the  same. 
(See  Act  July  4,  1884,  p.  116;  and  Rev.  Stat.,  Sec.  4748, 


SEC.  4770.  Now  section  3646  of  the  Revised  Statutes  : 

SEC.  3040.*  Whenever  any  original  check  is  lost,  stolen,  Act  27  Feb., 
:  destroyed,  disbursing  officers  and  agents  of  the  United  Act  19  Apr., 
tates  are  authorized,  after  the  expiration  of  six  mouths,  Act  2  Feb., 

i  070 

nd  within  three  years  from  the  date  of  such  check,  to  issue 
duplicate  check;  and  the  Treasurer,  assistant  treasurers, 
nd  designated  depositaries  of  the  United  States  aredirected 
pay  such  duplicate  checks,  upon  notice  and  proof  of  the 
)ss  of  the  original  checks,  under  such  regulations  in  regard 
0  their  i-sue  and  payment,  and  upon  the  execution  of  such 
onds,  with  sureties,  to  indemnify  the  United  States,  as 
je  Secretary  of  the  Treasury  shall  prescribe.  This  section 
lall  not  apply  to  any  check  exceeding  in  amount  the  sum 
f  one  thousand  dollars. 

SEC.  4778.  The  President  is  authorized  toappoiut,  by  and  Pension  agents,- 

appointmentand 

ith  the  ad  vice  and  consent  of  the  Senate,  all  pension-  agents,  term  of  office. 
ho  shall  hold   their  respective  offices  for  the  term  of   Act   5   Feb., 

,  1867. 

mr  years,  unless  sooner  removed  or  suspended,  as  pro-    (See  sec.  4,  24 


ided  bv  law,  and  until  their  successors  are  appointed 

,.„    X  act  8  Mar.,  1878.) 

ualified. 


The  above  section  amended  by  the  following  Act: 

AN  ACT  to  amend  section  4778  of  the  Revised  Statutes.  Act    8    Mar., 

1878. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
he  United  States  of  America  in  Congress  assembled,  That    Pension  agent, 
rheuever  during  a  session  of  the  Senate  a  vacancy  shall 
ccur  in  the  office  of  Pension  Agent,  by  reason  of  resigna- 

on,  death,  removal  or  expiration  of  the  term  of  office,  or 
rhere  any  such  agent  lawfully  appointed  shall  have  failed 
o  qualify  and  assume  the  duties  of  such  office,  the  Presi- 
ent  may  when  the  public  exigency  requires  it,  designate 
ny  officer  of  the  United  States  to  perform  the  duties  of 
uch  office,  but  such  designation  shall  not  be  for  a  longer 
line  than  twenty  days,  and  such  officer  so  designated  shall 
ive  bonds  if  required  by  the  President  for  the  faithful  dis- 
harge  of  the  said  duties  and  the  Secretary  of  the  Interior 
ball  allow  in  the  settlement  of  the  accounts  of  such  officer, 
tie  necessary  expenses  incurred  by  him  in  the  discharge  of 

*  Amended,  Act  February  16,  1885,  p.  6. 


118  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

bis  duties  under  this  act.     The  foregoing  provisions  shj 
apply  to  any  vacancy  now  existing. 
Approved,  March  8,  1878. 


Bond  of  pension     SEC.  4779.  All  pension-agents  shall  give  bond,  with  goc 
'  Act   5~F'ei>   au^  sufficient  sureties,  for  such  amount  and  in  such  form! 
as  the  Secretary  of  the  Interior  may  approve. 

Establishment     SEC.  4780.  The  President  is  authorized  to  establish  agen- 1 

or  pension  agen- 
cies.  cies  for  the  payment  of  pensions  wherever,  in  his  judgment,  I 

i8<r7Ct   5    Feb>1  tnc  public  interests  and  the  convenience  of  the  pensioners! 
require;  but  the  number  of  pension-agencies  in  any  State  f 
or  Territory  shall  in  no  case  be  increased  hereafter  so  as  tol 
exceed  three,  and  no  such  agency  shall  be  established  in 
addition  to  those  now  existing  in  any  State  or  Territory  ii 
which  the  whole  amount  of  pensions  paid  during  the  fi: 
year  next  preceding  shall  not  have  exceeded  the  sum  of  fii 
hundred  thousand  dollars. 

>  Repealed  by  act  of  June  14,  1878. 
oEC.  47o^  ) 


See  acts  January  25,  1879,  p.  33;  March  3,  1879,  p. 
July  4,  1884,  p.  116;  and  act  March  3,  1885,  p.  86. 


878Ct  U  Jun6'  A^  A^T  makill&  appropriations  for  the  payment  of  invalid  and  other  j 

— pensioners  of  the  United  States  for  the  year  ending  June  thirtieth, 

eighteen  hundred  and  seventy-nine. 

******* 

That  from  and  after  July  first,  eighteen  hundred  and 
seventy-eight,  agents  for  the  payment  of  pensions  shall,  in 
lieu  of  the  percentage,  fees,  pay,  and  allowances  now  p 
vided  by  law,  be  allowed  and  paid  the  following  compen 
tion  for  their  services,  postage  on  vouchers  and  checks 
to  pensioners,  and  all  the  expenses  of  their  offices : 

First.  A  salary  at  the  rate  of  four  thousand  dollars 
'   annum. 

Second.  Fifteen  dollars  for  each  one  hundred  vouchers, 
or  at  that  rate  for  a  fraction  of  one  hundred,  prepared  and 
paid  by  any  agent  in  excess  of  four  thousand  vouchers  per 
annum. 

Third.  Actual  and  necessary  expenses  for  rent,  fuel,  anj 
lights,  and  for  postage  on  official  matter  directed  to  the 
Departments  and  Bureaus  at  Washington,  to  be  approv 
by  the  Secretary  of  the  Interior. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     119 

And  the  sum  of  two  hundred  and  sixteen  thousand  dol- 

rs,  or  so  much  thereof  as  may  be  necessary,  is  hereby 

>propriated   to  pay  the  salaries,   fees,   allowance,   and 

penses  aforesaid  to  said  pension  agents. 

And  all  acts  and  parts  of  acts  inconsistent  with  this  act 

e  hereby  repealed. 

Approved,  June  14, 1878. 


SEC.  4784.  Agents  for  the  payment  ot  pensions,  and  any    Pension  agents 

...    7     .       ,.      .and  their  clerks 

erks  appointed  by  them  and  designated  in  writing  tor  that  to  take  affidavits 
irpose,  which  designation  shall  be  returned  to  and  filed™ 

the  office  of  the  Commissioner  of  Pensions,  are  required,  i8?o.c' 
thout  any  fee  therefor,  to  take  and  certify  the  affidavits 

all  pensioners  and  their  witnesses  who  may  personally 
>pear  before  them  for  that  purpose,  in  which  case  the 
eck  for  the  pension,  when  due  and  payable,  shall  be 
veu  direct  to  the  hand  of  the  party  entitled  thereto,  if 
isired,  and  not  mailed  to  his  address  as  required  by  sec- 
311  forty-seven  hundred  and  sixty-five. 


The  above  section  repealed  by  the  following  Act. 

S"  ACT  to  repeal  section  six  of  an  Act  entitled  "  An  Act  to  define  the  Act  23  Mar.,  1896. 
duties  of  pension  agents,  to  prescribe  the  manner  of  paying  pen-  ~ 
sions,  and  for   other  purposes,"  approved   July  eighth,  eighteen 
inndred  and  seventy,  and  now  being  section  forty-seven  hundred 
and  eighty-four,  Revised  Statutes  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 

e  United  States  of  America  in  Congress  assembled,  That    Pensions. 

ction  six  of  an  Act  entitled  "  An  Act  to  define  the  duties 

pension   agents,  to  prescribe   the  manner   of  pay  ing  davits,1  etc., &fy 
insions,  and  for  other  purposes,"  approved  July  eighth,  aboH8hed.agents 
ghteen  hundred   and   seventy,  and   now  being  section 
rty-seven  hundred  and  eighty-four,  Eevised  Statutes  of   sec. 4784,  E.  s., 

United  States,  be,  and  the  same  is  hereby,  repealed. 
Approved,  March  23,  1896. 


GOVERNMENT  HOSPITAL  FOR  THE  INSANE:  For  cur-  insane  of  the 
mt  expenses  of  the  Government  Hospital  for  the  Insane: 
or  support,  clothing,  and  treatment  in  the  Government 
ospital  for  the  Insane  of  the  insane  of  the  Army  and 
avy,  Marine  Corps,  and  Revenue  Cutter  Service,  and  those 
>mrnitted  from  the  National  Homes  for  Disabled  Volun- 
$er  Soldiers,  and  persons  charged  with  or  convicted  of 
inies  against  the  United  States,  and  of  all  persons  who 


120     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

have  become  insane  since  their  entry  into  the  military  o 

indigent  insane  naval  service  of  the  United  States,  and  who  are  indigene 

Columbia.          and  of  the  indigent  insane  of  the  District  of  Columbia,  twJ 

hundred  and  two  thousand  five  hundred  dollars;  and  noj 

exceeding  one  thousand  dollars  of  this  sum  may  be  expended 

in  defraying  the  expense  of  the  removal  of  patients  to  then 

friends;  and  that  hereafter  the  surplus  products  and  wast - 

material  of  the  hospital  may  be  sold  or  exchanged  for  th 

benefit  of   the  hospital,   and   proceeds  to  be  used  an«j 

insane  persons  accounted  for  the  same  as  its  other  funds :  Provided.  Thai 

In  mi       .National  1 

Home  for  IMS-  in  addition  to  the  persons  now  entitled  to  admission  to  said 

abled    Volunteer  . 

soldiers  to  be  ad  hospital,  any  inmate  of  the  National  Home  for  Disabled 
Volunteer  Soldiers,  who  is  now  or  may  hereafter  becom 
insane  shall,  upon  an  order  of  the  president  of  the  board  c 
managers  of  the  said  National  Home,  be  admitted  to  sai  < 
hospital  and  treated  therein;  and  if  any  inmate  so  admit; 
from  said  National  Home  is  or  thereafter  becomes  a 
sioner,  and  has  neither  wife,  minor  child,  nor  parent 
pendent  on  him,  in  whole  or  in  part,  for  support,  his  ar 
of  pension  and  his  pension  money  accruing  during  th 
period  he  shall  remain  in  said  hospital  shall  be  applied  t 
his  support  in  said  hospital,  and  be  paid  over  to  the  prope 
officer  of  said  institution  for  the  general  uses  thereo 
(Appropriation  Act  for  fiscal  year  ending  June  30,  188c 
(22  Stat.  L.,  p.  329.)  Approved,  August  7th  1882.) 


AN  ACT  To  provide  for  the  issue  of  duplicate  checks. 

Be  it  enacted  by  the  Senate  and  House  o/  Representative 
of  the  United  States  of  America  in  Congress  assembled,  Thi 
section  thirty-six  hundred  and  forty-six  of  the  Eevise] 
Statutes  of  the  United  States  be  amended  to  read  as  follow 

"  Whenever  any  original  check  is  lost,  stolen,  or  destroyi 
disbursing  officers  and  agents  of  the  United  States 
authorized,  after  the  expiration  of  six  months,  and  wii 
three  years  from  the  date  of  such  check,  to  issue  a  du] 
cate  check;  and  the  Treasurer,  assistant  treasurers, 
designated  depositaries  of  the  United  States  are  direcl 
to  pay  such  duplicate  checks,  upon  notice  and  proof  <| 
the  loss  of  the  original  checks,  under  such  regulations  i 
regard  to  their  issue  and  payment,  and  upon  the  executio 
of  such  bonds,  with  sureties,  to  indemnify  the  Unite 
States,  as  the  Secretary  of  the  Treasury  shall  prescribe 
This  section  shall  not  apply  to  any  check  exceeding  i[ 
amount  the  sum  of  twenty- five  hundred  dollars." 

Approved,  February  16,  1885. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  121 

ACT  To  amend  section  forty-seven  hundred  and  sixty-six  of  the     Act    3    Mar., 

Revised  Statutes  of  the  United  States. 

S.  L.,  v.  so,  p. 

Be  it  enacted  by  the  Senate  and  Rouse  of  Representatives 1879 

"the  United  States  of  America  in  Congress  assembled,  That 

sction  forty-seven  hundred  and  seventy  (sixty)-six,  Title  sec.4766amend- 

:'ty- seven,  of  the  Revised  Statutes  of  the  United  States  ec 

e,  and  the  same  is  hereby,  amended  by  adding  thereto  the 

Rowing  additional  provisions  and  provisos,  to  wit: 

Provided  further,  That  in  case  a  resident  pensioner  of 
ie  United  States  shall  for  a  period  of  over  six  months  de    .Desertion    ot 
>rt  his  lawful  wife,  she  being  a  woman  of  good  moral  char  sSer-jOomK 

,    .  .,  .  •/»  i        i  sioner     directed 

;ter  and  in  necessitous  circumstances,  or,  if  he  have  no  to  pay  one-half 
wful  wife,  shall  desert  his  legitimate  minor  child  or  chil  wifepThnd?  etc! 
?en  under  sixteen  years  of  age,  or  his  permanently  help- 
ss  and  dependent  child,  the  Commissioner  of  Pensions  is 
ireby  directed,  upon  being  satisfied  by  competent  evidence 
such  desertion,  to  cause  one-half  of  the  pension  due  or 
become  due  said  pensioner  during  the  continuance  of 
ch  desertion  to  be  paid  to  the  wife,  or  in  case  there  is  no 
ife,  to  the  legal  guardian  of  the  child  or  children: 
Provided  further,  That  when  a  soldier  or  sailor  enters    Pensioner  in- 

J  mate    of     State 

to  a  State  home  for  soldiers  or  sailors  as  an  inmate  there-  i">me  -one-half 

or    pension  paid 

',  one-half  of  his  pension  accruing  during  his  residence  10   wife,  minor 

.,,,..„  ,  child,  etc. 

erein  shall  be  paid  to  his  wile,  she  being  a  woman  of  good 
oral  character  and  in  necessitous  circumstances,  or  if 
ere  be  no  wife,  then  to  his  child  or  children  under  six- 
en  years  of  .age,  or  his  permanently  helpless  and  depend- 
it  child,  if  any,  unless  such  wife  and  children  shall  also 

inmates  of  the  same  institution  or  of  some  home  provided 
r  the  wives  and  children  of  soldiers  and  sailors: 

Provided  further,  That  if  any  such  pensioner  is  or  shall 
icome  an  inmate  of  a  National  Soldiers'  Home  one-half  of  Pensioner  in- 

..  ,  .     ,     ,      ,  _  mate  of  National 

e  pension  drawn  in  his  behalf  or  to  which  he  may  become  Home— one  half 
ititled  during  his  residence  therein  shall  be  paid  by  thet'o  Pwife!°nm?nor 
easurer  of  that  institution  to  such  pensioner's  wife,  she ch 
iing  in  necessitous  circumstances  and  a  woman  of  good 
oral  character,  or,  if  there  be  no  wife,  to  the  legal  guard  - 
n  of  the  minor  child  or  children,  or  the  permanently  de- 
indent  and  helpless  child  or  children  of  said  pensioner, 
i  the  order  of  the  Commissioner  of  Pensions : 
Provided  further,  That  hereafter  no  pension  under  any 
w  of  the  United  States  shall  be  granted,  allowed,  or  paid 
>  the  widow  of  a  soldier,  sailor,  officer,  naval  or  military.    Marriage— pro- 
arine,  marine  officer,  or  any  other  male  person  entitled  to  title1 
pension  under  any  law  of  the  United  States,  unless  it 
lall  be  proved  and  established  that  the  marriage  of  such 


122 


LAWS    KELATING    TO    ARMY    AND    NAVY    PENSIONS. 


widow  to  the  soldier,  sailor,  officer,  marine,  or  other  person 
on  account  of  whose  service  the  pension  is  asked,  was  duly  i 
and  legally  contracted  and  entered  into  prior  to  the  passage 
of  this   Act,   or  unless  such  wife  shall  have  lived  an< 
cohabited  with  such  soldier,  sailor,  officer,  marine,  marii 
officer,  or  other  person  continuously  from  the  date  of  th( 
marriage  to  the  date  of  his  death,  or  unless  the  marris 
shall  take  place  hereafter  and  prior  to  or  during  the  mili- 
tary or  naval  service  of  the  soldier,  sailor,  officer,  marinej 
or  other  person  on  account  of  whose  service  the  pension  ia 
Provisions  not  asked  or  claimed.     This  proviso  shall  not  apply  to  or  afteci 
spanishblwa?the  widow  of  any  soldier,  sailor,  marine  officer,  soldier 
sailor,  marine,  officer,  or  marine  officer  serving  or  who  hatj 
served  in  the  war  between  the  United  States  and  the  King] 
dom  of  Spain. 

Questions    of     In  all  cases  the  questions  of  desertion,  entrance  inl 
be8einvestijated  home,  necessitous  circumstances,  and  of  good  moral  chi 
of  pen8Tonsioneracter  shall  be  ascertained  and  determined  by  the  Com 
sioner  of  Pensions  under  such  rules  and  regulations  as 
shall  prescribe,  and  the  treasurers  or  governors  of  the 
eral  soldiers'  and  sailors'  homes  shall  be  advised  of  sue 
action  from  time  to  time. 
Approved  March  3,  1899. 


IWS  AND  REGULATIONS  RELATIVE  TO  THE  RECOGNITION  OF 
AGENTS  AND  ATTORNEYS. 


190.  Persons  formerly  in  the  Departments 
not  to  prosecute  claims. 

3478.  Persons  prosecuting  claims  required  to 

take  oath  of  allegiance. 

3479.  Oath  of  allegiance  taken  before  any  offi- 

cer authorized  to  administer  oaths. 

4768.  Commissioner  of  Pensions  to  forward 

pension    certificate    and    articles    of 
agreement. 

4769.  Pension   agents  deduct  fees  of  attor- 

neys. 

4785.  Commissioner  of  Pensions  to  direct  pay- 

ment of  fees  of  agents  or  attorneys 
not  exceeding  twenty-five  dollars. 

4786.  Fee  agreements  to  be  filed. 

June  20,  1878,  prohibiting  filing  of  fee  con- 
tracts :  Sees.  4768,  4769,  and  4786  not 
to  apply  in  any  claims  filed  hereafter  ; 
sec.  4785,  Revised  Statutes,  repealed. 


A  ct  July  4, 1884.  Attorneys'  fees  in  pension  cases : 
Act  June  20,  1878,  repealed ;  prescrib- 
ing amount  of  fees,  how  paid,  by 
whom  paid,  and  regulations  relating 
thereto;  amending  sees.  4785  and 
4786;  prescribing  form  of  articles  of 
agreement;  penalty  for  violation  of 
act  relating  to  fees  or  compensation; 
Secretary  of  the  Interior  to  prescribe 
rules  for  the  government  of  agents 
in  prosecuting  claims. 

Act  March  3, 1891.  Fee  in  increase  claims ;  fee  for 
procuring  the  passage  of  any  special 
act ;  penalty  for  violation  of. 

Order  169,  May  26,  1891. 


.  190.  It  shall  not  be  lawful  for  any  person  appointed 


th 


er  the  first  day  of  June,  one  thousand  eight  hundred  and  payments  not  to 

prosecute  claims 

'enty-two,  as  an  officer,  clerk  or  employe  in  any  of  the  in  them. 
partments,  to  act  as  counsel,  attorney  or  agent  for  prose-    Sec<  lt  l  Jun6i 
ing  any  claim  against  the  United  States  which  was  pend-  1872> 

in  either  of  said  Departments  while  he  was  such  officer, 
rk  or  employe,  nor  in  any  manner,  nor  by  any  means,  to 

in  the  prosecution  of  any  such  claim  within  two  years 
it,  after  he  shall  have  ceased  to  be  such  officer,  clerk  or 
ploye. 

SEC.  3478.  Any  person  prosecuting  claims,  either  as  attor- 
r  or  on  his  own  account,  before  any  of  the  Departments 
Bureaus  of  the  United  States,  shall  be  required  to  take 

oath  of  allegiance,  and  to  support  the  Constitution  of 

United  States,  as  required  of  persons  in  the  civil  serv- 
(Kev.  Stat.) 


OATH. 


,  do  solemnly  swear  (or  affirm)  that  I  will  support 

defend  the  Constitution  of  the  United  States  against  all  enemies, 
sign  and  domestic ;  that  I  will  bear  true  faith  and  allegiance  to  the 
le;  that  I  take  this  obligation  freely,  without  any  mental  reserva- 
L  or  purpose  of  evasion ;  and  that  I  will  well  and  faithfully  discharge 
duties  of  the  office  on  which  I  am  about  to  enter.  So  help  me  God. 


123 


124  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

SEC.  3479.  The  oath  provided  for  in  the  preceding  sectioj 
may  be  taken  before  any  justice  of  the  peace,  notary  public 
or  other  person  who  is  legally  authorized  to  administer  a 
oath  in  the  State  or  district  where  the  same  maybe  adinii 
istered. 

sec.  9, 8  July,      SEC.  47G8.  The  Commissioner  of  Pensions  shall  forwaij 

July,  1862  ;6sec4  the  certificate  of  pension,  granted  in  any  case,  to  tTie  ageij 

"  for  paying  pensions  where  such  certificate  is  made  payablj 

and  at  the  same  time  forward  therewith  one  of  the  articl<j| 

Repealed  as  to  °f  agreement  filed  in  the  case  and  approved  by  the  Cojl 

AecVtc?o8Jii(2e!miS8ionei'j  setting  forth  the  fee  agreed  upon  between 

18see  sec  4  25 claimant  and  the  attorney  or  agent;  and  where  no  agre 

Jan.,  1879.         ment  is  on  file,  as  hereinbefore  provided,  he  shall  dira 

that  a  fee  of  ten  dollars  only  be  paid  the  agent  or  attorne; 


< 


see  sec.  4,  25     SEC.  4769.  It  shall  be  the  duty  of  the  agent  paying  s 

'see.1  10%  July,  pension  to  deduct  from  the  amount  due  the  pensioner 

18Repeaied  as  to  amount  of  fees  so  agreed  upon  or  directed  by  the  Com 

ActC2oe  j  ulfet  sioner  to  be  paid  where  no  agreement  is  filed  and  approve* 

18see  appropria-  an^  to  forward  or  cause  to  be  forwarded  to  the  agent  or  aj 

1874  act  2°         torney  of  record  named  in  such  agreement,  or,  in  case  thej 

is  no  agreement,  to  the  agent  prosecuting  the  case,  tl 

amount  of  the  proper  fee,  deducting  therefrom  the  sum 

thirty  cents  in  payment  of  his  services  in  forwarding  tl 

same. 

Fees  of  agents     SEC.  4785.  No  agent  or  attorney  or  other  person  shi 

and  attorneys  for 

prosecuting  demand  or  receive  any  other  compensation  for  his  servu 
—  in  prosecuting  a  claim  for  pension  or  bounty-laud  than  su< 


the  Commissioner  of  Pensions  shall  direct  to  be  paid 
?2ulyi3186u:  suiy,  him,  not  exceeding  twenty-five  dollars.     (See  Sec.  5485.) 

1864;  '  Sec.    8,    8  July,  1870.    See  Act  20  June,  1878. 

SEC.  4786.  It  shall  be  the  duty  of  the  agent  or  attoi 

Fee  agreements  Of  recor(l  jn  fcne  prOSCCUtiOll  of  the  CaS6  to  CaUSC  to  be 
to  be  tiled. 

—-7-  with  the  Commissioner  of  Pensions,  for  his  approval, 

Sec.  7,  8  July, 

1870.  plicate  articles  of  agreement,  without  additional  cost  to 

j«iy,  1862;  sec.  claimant,  setting  forth  the  fee  agreed  upon  by  the  particj 
sec.  4,U6y'  June,'  which  agreement  shall  be  executed  in  the  presence  of  ai| 
R6s.;;  sec.  4,7?5  certified  by  some  officer  competent  to  administer  oaths. 
Jasee  for  penalty  all  cases  where  application  is  made  for  pension  or  bount] 
S(  'to  land,  and  no  agreement  is  filed  with  and  approved  by 


ne(fo! Commissioner  as  herein  provided,  the  fee  shall  be  ten  d< 
lars  and  no  more. 

The  above  sections  amended  by  the  following  Acts: 


LAWS    RELATING    TO   ARMY   AND    NAVY    PENSIONS.  125 

N  ACT  relating  to  claim  agents  and  attorneys  in  pension  cases. 

3e  it  enacted  by  the  Senate  and  House  of  Representatives  o/lg^ct  20  June» 
United  States  of  America  in  Congress  assembled,  It  shall  - 
unlawful  for  any  attorney,  agent,  or  other  person  to  de- 
ud  or  receive  for  his  services  in  a  pension  case  a  greater  ' 
i  than  ten  dollars.  No  fee  contract  shall  hereafter  be 
d  with  the  Commissioner  of  Pensions  in  any  case.  In 
ding  cases  in  which  a  fee  contract  has  heretofore  been 
d,  if  the  pension  shall  be  allowed,  the  Commissioner  of 
isions  shall  "approve  the  same  as  to  the  amount  of  the 
to  be  paid  at  the  amount  specified  in  the  contract.  See- 
as  forty-seven  hundred  and  sixty-eight,  forty-seven  hun- 
d  and  sixty-nine,  and  forty-seven  hundred  and  eighty- 
of  the  Revised  Statutes  shall  not  apply  to  any  case  or 
m  hereafter  filed,  nor  to  any  pending  claim  in  which 
claimant  has  not  been  represented  by  an  agent  or  attor- 
prior  to  the  passage  of  this  act. 

EC.  2.  Section  forty-seven  hundred  and  eighty-five  of 
Revised  Statutes  is  hereby  repealed. 
Approved,  June  20,  1878. 


above  Act  amended  by  the  following  Act: 

$[  ACT  making  appropriations  for  the  payment  of  invalid  and  other     Act    4    July, 

sions  of  the  United  States  for  the  fiscal  year  ending  June  thirtieth,  1884' 

iteen  hundred  and  eighty-five,  and  for  other  purposes. 


hat  the  Act  entitled  "An  Act  relating  to  claim  agents    Attorney s'feea 

m  pension  cases; 

attorneys  in  pension  cases,"  approved  June  twentieth.  Act  relating  to, 

i-ii  .    i ,  ,     •      i          ,  ,     ,    repealed. 

iteen  hundred  and  seventy-eight,  is  hereby  repealed:    2ostat.L., 243. 

wided  however,  That  the  rights  of  the  parties  shall  not 

abridged  or  affected  as  to  contracts  in  pending  cases,  as 

vided  for  in  said  Act ;  but  such  contracts  shall  be  deemed 

je  and  remain  in  full  force  and  virtue,  and  shall  be  rec- 

dzed  as  contemplated  by  said  Act. 

iEC.  2.  That  sections  forty-seven  hundred  and  sixty-eight,  RS|CH-  ^g1.4^ 

y-seven  hundred  and  sixty-nine,  and  forty-seven  hun-860-4'78*-  R.'S.,T>. 

929,  made  appli- 

d  and  eighty-six  of  the  Revised  Statutes  are  hereby  cable  in  certain 

cle  applicable  also  to  all  cases  hereafter  filed  with  the  °a 

nmissioner  of  Pensions,  and  to  all  cases  so  filed  since 

ie  twentieth,  eighteen  hundred  and  seventy-eight,  and 

ch  have  not  been  heretofore  allowed,  except  as  hereiii- 

3r  provided. 

>EC.  3.  That  section  forty-seven  hundred  and  eighty- five  p  fg' ^^JJ;^ 

the  Revised  Statutes  is  hereby  re-enacted  and  amended  and  ainended- 

is  to  read  as  follows : 


126 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


Fees  of  attor- 
ney for  prosecut- 
ing claims. 


Proviso. 


USEC.  4785.  No  agent  or  attorney  or  other  person  sh| 
demand  or  receive  any  other  compensation  for  his  servic 
in  prosecuting  a  claim  for  pension  or  bounty-land  than  su< 
as  the  Commissioner  of  Pensions  shall  direct  to  be  pj 
to  him,  not  exceeding  twenty-five  dollars;  nor  shall  sm 
agent,  attorney,  or  other  person  demand  or  receive  su(J 
compensation,  in  whole  or  in  part,  until  such  pension 
bounty-land  claim  shall  be  allowed:  Provided,  That  in 
claims  allowed  since  June  twentieth,  eighteen  hundred  ai 
seventy-eight,  where  it  shall  appear  to  the  satisfaction 
Fees  not  paid  in  the  Commissioner  of  Pensions  that  the  fee  of  ten  dollars, 
be  deducted  from  any  part  thereof,  has  not  been  paid,  he  shall  cause  the 

to  be  deducted  from  the  pension,  and  the  pension  agent 
pay  the  same  to  the  recognized  attorney." 

Sec.  4786,  K  s.,     SEC.  4.  That  section  forty-seven  hundred  and  eighty-?] 
of  the  Revised  Statutes  is  hereby  amended  so  as  to  rej 
follows : 


p. 929,  amended. 


Agreement  for     "  S~EC.  4786.  The  agent  or  attorney  of  record  in  the 

amount  of  fee  to 

be  filed.  ecutiou  of  the  case  may  cause  to  be  filed  with  the  Co 

missioner  of  Pensions,  duplicate  articles  of  agreement,  wit 
out  additional  cost  to  the  claimant,  setting  forth  the  1 
agreed  upon  by  the  parties,  which  agreement  shall  be  e? 
cuted  in  the  presence  of  and  certified  by  some  officer  coi 
petent  to  administer  oaths.  In  all  cases  where  applicatii 
is  made  for  pension  or  bounty-land,  and  no  agreement  is  fill 
Fee  in  case  of  with  the  Commissioner  as  herein  provided,  the  fee  shall 

failure  to  file  *a  i          * 

agreement,        ten  dollars  and  no  more.     And  such  articles  of  agreeme 
Articles  of  as  may  hereafter  be  filed  with  the  Commissioner  of  Pensid 

iigreement,   etc..  ,*        •        *  .u    ,1          i  i 

recognizedincer  are  not  authorized,  nor  will  they  be  recognized  except 
°n  y'  claims  for  original  pensions,  claims  for  increase  of  pensij 
on  account  of  a  new  disability,  in  claims  for  restorati 
where  a  pensioner's  name  has  been  or  may  hereafter 
dropped  from  the  pension  rolls  on  testimony  taken 
special  examiner,  showing  that  the  disability  or  cau; 
death,  on  account  of  which  the  pension  was  allowed, 
not  originate  in  the  line  of  duty,  and  in  cases  of  dependi 
relatives   whose  names   have  been  or  may  hereafter 
dropped  from  the  rolls  on  like  testimony,  upon  the  grou 
of  non-dependence,  and  in  such  other  cases  of  difficulty  a 
trouble  as  the  Commissioner  of  Pensions  may  see  fit  to  t\ 
Proviso.         ognize  them :  Provided,  That  no  greater  fee  than  ten  (; 
lars  shall  be  demanded,  received,  or  allowed  in  any  cli 
for  pension  or  bounty-land  granted  by  special  act  of 

iamieeftcrl>ounty "  £re88»  uor  ^n  niiy  claim  for  increase  of  pension  on 

of  the  increase  of  the  disability  for  which  the  pension 


LAWS    RELATING    TO    ARMY    AND  NAVY    PENSIONS.  127 

en  allowed:  And  pro  ruled  further.  That  no  fee  shall  be    NO  ft>e  allowed 

«  .  ,    .        „  ,.  for  arrears  of  pen  - 

paneled,  received,  or  allowed  in  any  claim  for  arrears  of  sion8,etc. 

nsion  or  arrears  of  increase  of  pension  allowed  by  any 

jt  of  Congress  passed  subsequent  to  the  date  of  the  allow- 

ce  of  the  original  claims  in  which  such  arrears  of  pension, 

of  increase  of  pension,  may  be  allowed." 

The  articles  of  agreement  herein  provided  for  shall  be  in 

bstance  as  follows  to  wit : 

ARTICLES   OF   AGREEMENT. 

(Vhereas  I,  —  — ,  late  a  in  company ,  of  the     Form   or  arti- 

—  regiment  of  —    -  volunteers,  war  of  eighteen  hundred  and  ment.  ° 
ty-one  (or,  if  the  service  be  different,  here  state  the  same),  having 
de  application  for  pension  under  the  laws  of  the  United  States : 
'sow,  this  agreement  witnesseth,  that  for  and  in  consideration  of 
vices  done  and  to  be  done  in  the  premises,  I  hereby  agree  to  allow 

attorney, ,  of ,  the  fee  of dollars,  which 

ill  include  all  amounts  to  be  paid  for  any  service  in  furtherance  of 
d  claim;  and  said  fee  shall  not  be  demanded  by  or  payable  to  my 
d  attorney  (or  attorneys),  in  whole  or  in  part,  except  in  case  of  the 
inting  of  my  pension  by  the  Commissioner  of  Pensions;  and  then 
same  shall  be  paid  to  him  (or  them)  in  accordance  with  the  pro- 
ions  of  sections  forty-seven  hundred  and  sixty-eight  and  forty- 
en  hundred  and  sixty-nine  of  the  Revised  Statutes. 

[Claimant's  signature.] 
[Two  witnesses'  signatures.] 

TE  OF  ,  County  of ,  ss: 

3e  it  known  that  on  this  the day  of ,   anno  Domini 

hteen  hundred   and ,   personally  appeared  the  above-named 

,  who,  after  having  had  read  over  to ,  in  the  hearing 


cl  presence  of  the  two  attesting  witnesses,  the  contents  of  the  fore- 
ng  articles  of  agreement,  voluntarily  signed  and  acknowledged  the 

ne  to  be free  act  and  deed. 

[Official  signature.] 

\.nd  now,  to  wit,  this day  of ,  anno  Domini  eighteen 

ndred  and ,  I  (or  we)  accept  the  provisions  contained  in  the 

egoing  articles  of  agreement,  and  will,  to  the  best  of  my  (or  our) 
ility,  endeavor  faithfully  to  represent  the  interest  of  the  claimant 
the  premises. 
Witness  my  (or  our)  hand  the  day  and  year  first  above  written. 

[Signature  of  attorney.] 

A.TE  OF  ,  County  of ,  ss : 

ersonally  came  —  — ,  whom  I  know  to  be  the  person  he 

^resents  himself  to  be,  and  who,  having  signed  above  acceptance  of 

reement,  acknowledged  the  same  to  be free  act  and  deed. 

[Official  signature.] 

And  if  in  the  adjudication  of  any  claim  for  pension  in    Amount  paid, 
tiich  such  articles  of  agreement  have  been,  or  may  here  ducted  from  fee! 
ter  be,  filed,  it  shall  appear  that  the  claimant  had,  prior 
the  execution  thereof,  paid  to  the  attorney  any  sum  for 
s  services  in  such  claim,  and  the  amount  so  paid  is  not 


128  LAWS    RELATING    TO    ARMY    AND    NAVY   PENSIONS. 

stipulated  therein,  then  every  such  claim  shall  be  adjudif 
cated  in  the  same  manner  as  though  no  articles  of  agre< 
ment  had  been  filed,  deducting  from  the  fee  of  ten  doll 
allowed  by  law  such  sum  as  claimant  shall  show  that  h« 
has  paid  to  his  said  attorney. 
Penalty  for  vi.     Any  agent  or  attorney  or  other  person  instrumental 

olation  of  act  re-  .     .        _  .  , 

lating  to  fees  01  prosecuting  any  claim  for  pension  or  bounty-laud,  who  shai| 
directly  or  indirectly  contract  for,  demand  or  receive  or 
tain  any  greater  compensation  for  his  services  or  inst: 
mentality  in  prosecuting  a  claim  for  pension  or  bounty-Ian 
than  is  herein  provided,  or  for  payment  thereof  at  any  othe 
time  or  in  any  other  manner  than  is  herein  provided,  or  w 
shall  wrongfully  withhold  from  a  pensioner  or  claimant  th 
whole  or  any  part  of  the  pension  or  claim  allowed  and  du 
such  pensioner  or  claimant,  or  the  land- warrant  issued  t 
any  such  claimant,  shall  be  deemed  guilty  of  a  misdemean 
and  upon  conviction  thereof  shall  for  every  such  offense 
fined  not  exceeding  five  hundred  dollars,  or  imprisoned 
hard  labor  not  exceeding  two  years,  or  both,  in  the  di 
tion  of  the  court. 

secretary  of     SEC.  5.  That  the  Secretary  of  the  Interior  may  prescrib 
scrfbTruies Pfor  rules  and  regulations  governing  the  recognition  of  agenfo 
aglnte,metc.,  °n  attorney s,  or  other  persons  representing  claimants  befa 
cTahnsUtl<       othis  Department,  and  may  require  of  such  persons,  agen 
and  attorneys,  before  being  recognized  as  representatives 
claimants,  that  they  shall  show  that  they  are  of  good  mor 
character  and  in  good  repute,  possessed  of  the  necess 
qualifications  to  enable  them  to  render  such  claimants  val 
able  service,  and  otherwise  competent  to  advise  and  assi 
such  claimants  in  the  presentation  of  their  claims,  and  sue 
Secretary  may,  after  notice  and  opportunity  for  a  hearini 
suspend  or  exclude  from  further  practice  before  his  Depar 
ineiit  any  such  person,  agent  or  attorney  shown  to  be 
competent,  disreputable,  or  who  refuses  to  comply  with 
said  rules  and  regulations,  or  who  shall  with  intent  to 
fraud  in  any  manner  deceive,  mislead,  or  threaten  any  cl 
ant,  or  prospective  claimant,  by  word,  circular,  letter,  or 
advertisement. 

commisHiouer     SEC.  6.  The  Commissioner  shall  have  power,  subject! 

rejectD8contrS  review  by  the  Secretary,  to  reject  or  refuse  to  recognize  ao 

contract  for  fees,  herein  provided  for,  whenever  it  shall  1 

made  to  appear  that  any  undue  advantage  has  been  take 

of  the  claimant  in  respect  to  such  contract. 

Approved,  July  4,  1884. 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     129 

tf  ACT  making  appropriations  for  the  payment  of  invalid  and  other 
pensions  of  the  United  States,  for  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  ninety-two,  and  for  other  purposes. 
****** 

Hereafter  no  agent  or  attorney  shall  demand,  receive,  or 
B  allowed  any  compensation  under  existing  law  exceeding 
vo  dollars  in  any  claim  for  increase  of  pension  on  account 
.7  the  increase  of  the  disability  for  which  the  pension  has 
sen  allowed,  or  for  services  rendered  in  securing  the  pas- 
ige  of  any  special  Act  of  Congress  granting  a  pension  or 
n  increase  of  pension  in  any  case  that  has  been  presented 
;  the  Pension  Office  or  is  allowable  under  the  general 
ension  laws :  And  provided  further,  That  any  agent,  attor- 
ey,  or  other  person  instrumental  in  prosecuting  any  claim 
>r  increase  of  pension  on  account  of  the  increase  of  dis- 
bility  for  which  pension  was  allowed,  or  who  has  rendered 
srvices  in  procuring  the  passage  of  any  special  Act  of  Con- 
ress  granting  a  pension  or  an  increase  of  pension  in  any 
ise  that  has  been  presented  at  the  Pension  Office  or  is 
lowable  under  the  general  pension  laws,  who  shall  directly 
indirectly  contract  for,  demand,  receive,  or  retain  any 
jmpensation  for  such  services,  except  as  hereinbefore 
rovided,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
pon  conviction  thereof  shall,  for  each  and  every  such 
ffense,  be  fined  not  exceeding  five  hundred  dollars  or  im- 
risoned,  not  exceeding  two  years  or  both,  in  the  discretion 
*  the  court:  Provided,  however,  That  the  foregoing  pro- 
isions  in  relation  to  fees  of  agents  or  attorneys  shall  not 
pply  to  any  case  now  pending  where  there  is  an  existing 
iwful  contract  expressed  or  implied. 

Approved,  March  3,  1891. 

(See  Sec.  4,  Acts  of  June  27,  1890,  p0  61;  July  27,  1892, 

72;  August  5,  1892,  p.  64.) 


ORDER  No.  169,  MAY  26,  1891. 


130  LAWS    RELATING    TO    ARMY   AND    NAV^    PENSIONS. 

claim ;  but  a  compliance  with  such  request  of  the  agent  out 
attorney  or  other  person  is  optional  and  not  obligatory  on) 
the  part  of  the  claimant. 

No  attorney  will  be  allowed  to  demand  a  sum  for  postage! 
as  a  right,  nor  refuse  to  prosecute  a  claim  where  the  reqiiestil 
for  postage  is  not  answered. 


LAWS  AND  REGULATIONS  governing  the  recognition  of  agents 
attorneys,   and   other  persons    to  represent  claimants  before 
Department  of  the  Interior  and  the  bureaus  thereof. 

LAWS. 

The  following  statutes  relate  to  the  recognition  of  at 
neys  and  agents  for  claimants  before  this  Department: 

"That  the  Secretary  of  the  Interior  may  prescribe  ru 
and  regulations  governing  the  recognition  of  agents,  at 
neys,  or  other  persons  representing  claimants  before  t 
Department,  and  may  require  of  such  persons,  agents, 
attorneys,  before  being  recognized  as  representatives 
claimants,  that  they  shall  show  that  they  are  of  good  mora 
character  and  in  good  repute,  possessed  of  the  necessa: 
qualifications  to  enable  them  to  render  such  claiinan 
valuable  service,  and  otherwise  competent  to  advise  a 
assist  such  claimants  in  the  presentation  of  their  claims 
and  such  Secretary  may,  after  notice  and  opportunity  for 
hearing,  suspend  or  exclude  from  further  practice  befo 
his  Department  any  such  person,  agent,  or  attorney  show 
to  be  incompetent,  disreputable,  or  who  refuses  to  coinpl 
with  the  said  rules  and  regulations,  or  who  shall  with  inten 
to  defraud,  in  any  manner  deceive,  mislead,  or  threaten  anj 
claimant  or  prospective  claimant,  by  word,  circular,  letter 
or  by  advertisement."     (Act  July  4,  1884,  sec.  5;  Sta 
vol.  23,  p.  101.) 

"  Every  officer  of  the  United  States,  or  person  holdi 
any  place  of  trust  or  profit,  or  discharging  any  official  fu 
tion  under,  or  in  connection  with,  any  Executive  De 
ment  of  the  Government  of  the  United  States,  or  under 
Senate  or  House  of  Representatives  of  the  United  Sta 
who  acts  as  an  agent  or  attorney  for  prosecuting  any  clain 
against  the  United  States,  or  in  any  manner,  or  by  anj 
means,  otherwise  than  in  the  discharge  of  his  proper  ollicia] 
duties,  aids  or  assists  in  the  prosecution  or  support  of  anj 
such  claim,  or  receives  any  gratuity,  or  any  share  of  01 
interest  in  any  claim  from  any  claimant  against  the  United 
States,  with  intent  to  aid  or  assist,  or  in  consideration  OJ 
having  aided  or  assisted,  in  the  prosecution  of  such  claim 


LAWS    RELATING  TO    ARMY    AND    NAVY    PENSIONS. 

jlall  pay  a  line  of  not  more  than  five  thousand  dollars,  or 
fier  imprisonment  not  more  than  one  year,  or  both."  (See- 
l*n  5498,  Revised  Statutes.) 

I"  It  shall  not  be  lawful  for  any  person  appointed  after  the 
jst  day  of  June,  one  thousand  eight  hundred  and  seven ty- 

o,  as  an  officer,  clerk,  or  employee  in  any  of  the  Depart- 
jants,  to  act  as  counsel,  attorney,  or  agent  for  prosecuting 
ly  claim  against  the  United  States,  which  was  pending  in 
[her  of  said  Departments,  while  he  was  such  officer,  clerk, . 
[employee,  nor  in  any  manner,  nor  by  any  means,  to  aid 
I  the  prosecution  of  any  such  claim,  within  two  years  next 

jr  he  shall  have  ceased  to  be  such  officer,  clerk,  or  em- 
|>yee."     (Section  100,  Revised  Statutes.) 
['Any  person  prosecuting  claims,  either  as  attorney  or  on 
own  account,  before  any  of  the  Departments  or  Bureaus 

the  United  States,  shall  be  required  to  take  the  oath  of 
(egiance,  and  to  support  the  Constitution  of  the  United 

ites  as  required  of  persons  in  the  civil  service."     (Section 

F8,  Revised  Statutes.) 

;The  oath  provided  for  in  the  preceding  section  may  be 
ken  before  any  justice  of  the  peace,  notary  public,  or  any 
Irson  who  is  legally  authorized  to  administer  an  oath  in 
|j  State  or  district  where  the  same  may  be  administered." 

jtion  3479,  Revised  Statutes.) 
[Che  act  of  May  13,  1884  (Stats.,  v.  23,  p.  22),  provides 

it  the  oath  above  required  shall  be  that  prescribed  by 
|'/tion  1757,  Revised  Statutes,  which  is  as  follows: 

,  do  solemnly  swear  (or  affirm)  that  I  will  support 

defend  the  Constitution  of  the  United  States  against  all  enemies, 
|3igu  and  domestic ;  that  I  will  bear  true  faith  and  allegiance  to  the 
|ie;  that  I  take  thi.s  obligation  freely,  without  any  mental  reserva- 
or  purpose  of  evasion,  and  that  I  will  well  and  faithfully  dis- 
Irge  the  duties  of  the  office  on  which  I  am  about  to  enter.     So  help 
God. 

REGULATIONS. 

Under  the  authority  conferred  on  the  Secretary  of  the 
srior  by  the  fifth  section  of  the  act  of  July  4,  1884,  it  is 
"eby  prescribed  that  an  attorney  at  law  who  desires  to 
present  claimants  before  the  Department  or  one  of  its 
:eaus  shall  file  a  certificate  of  the  clerk  of  the  United 
btes,  State,  or  Territorial  court,  duly  authenticated  under 
seal  of  the  court,  that  he  is  an  attorney  in  good  standing. 
Any  person  (not  an  attorney  at  law)  who  desires  to 
iar  as  agent  for  claimants  before  the  Department  or 
of  its  bureaus  must  file  a  certificate  from  a  judge  of  a 
lited  States,  State,  or  Territorial  court,  duly  authenticated 


131 


132     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

under  the  seal  of  the  court,  that  such  person  is  of  g< 
moral  character  and  in  good  repute,  possessed  of  the  nee 
sary  qualifications  to  enable  him  to  render  claimants 
liable  service,  and  otherwise  competent  to  advise  and  assii 
them  in  the  presentation  of  their  claims. 

3.  The  Secretary  may  demand  additional  proof  of  qui 
fications,  and  reserves  the  right  to  decline  to  recognize 
attorney,  agent,  or  other  person   applying  to  repi 
claimants  under  this  rule. 

4.  The  oath  of  allegiance  required  by  section  3478  of  tl| 
United  States  Revised  Statutes  must  also  be  filed. 

5.  In  the  case  of  a  firm  the  names  of  the  individual 
composing  the  firm  must  be  given,  and  a  certificate  au| 
oath  as  to  each  member  of  the  firm  will  be  required. 

6.  Unless  specially  called  for,  the  certificate  above  rl 
ferred  to  will  not  be  required  of  any  attorney  or  ageij 
heretofore  recognized  and  now  in  good  standing  before 
Department. 

7.  An  applicant  for  admission  to  practice  under  the  al 
regulations  must  address  a  letter  to  the  Secretary  of 
Interior,  inclosing  the  certificate  and  oath  above  requii 
in  which  letter  his  full  name  and  post-office  address  mui 
be  given.    He  must  slate  whether  or  not  he  has  ever 
recognized  as  attorney  or  agent  before  this  Department 
any  bureau  thereof,  and,  if  so,  whether  he  has  ever 
suspended  or  disbarred  from  practice.     He  must  also  sta\ 
tchether  he  holds  any  office  of  trust  or  profit  under  the  Go\ 
ernment  of  the  United  States. 

8.  No  person  who  has  been  an  officer,  clerk,  or  employ*] 
of  this  Department  within  two  years  prior  to  his  applies] 
tion  to  appear  in  any  case  pending  herein  shall  be  recoj 
nized  or  permitted  to  appear  as  an  attorney  or  agent  il 
any  such  case  as  shall  have  been  pending  in  the  Depar| 
ment  at  or  before  the  date  he  left  the  service:  Prori< 
This  rule  shall  not  apply  to  officers,  clerks,  or  employe 
the  Patent  Office  nor  to  cases  therein. 

Whenever  an  attorney  or  agent  is  charged  with  improi 
practices  in  connection  with  any  matter  before  a  bureau 
this  Department,  the  head  of  such  bureau  shall  investiga 
the  charge,  giving  the  attorney  or  agent  due  notice,  t| 
gether  with  a  statement  of  the  charge  against  him, 
allow  him  an  opportunity  to  be  heard  in  the  premi: 
When  the  investigation  shall  have  been  concluded  all  til 
papers  shall  be  forwarded  to  the  Department,  with  a  statj 
ment  of  the  facts  and  such  recommendations  as  to  disl 
ment  from  practice  as  the  head  of  the  bureau  may  dee| 
proper,  for    the  consideration   of   the   Secretary  of 


LAWS   RELATING   TO    ARMY   AND    NAVY   PENSIONS.  133 

:erior.  During  the  investigation  the  attorney  or  agent 
1  be  recognized  as  such,  unless  for  special  reasons  the 
3retary  shall  order  his  suspension  from  practice. 
.0.  If  any  attorney  or  agent  in  good  standing  before  the 
partment  shall  knowingly  employ  as  subagent  or  corre- 
mdent  a  person  who  has  been  prohibited  from  practice 
fore  the  Department,  it  will  be  sufficient  reason  for  the 
barment  of  the  former  from  practice. 
LI.  Upon  the  disbarment  of  an  attorney  or  agent,  notice 
jreof  will  be  given  to  the  heads  of  bureaus  of  this 
partment,  and  to  the  other  Executive  Departments,  and 
jreafter,  until  otherwise  ordered,  such  disbarred  person 
I  not  be  recognized  as  attorney  or  agent  in  any  claim  or 
er  matter  before  this  Department  or  any  bureau  thereof. 

C.  N.  BLISS,  Secretary. 


LAWS  RELATING  TO  VIOLATION  OF  PENSION  LAWS. 


SEC.  1782.  Officer  or  official  not  to  receive  or  agree 
to  receive  compensation  for  any  serv- 
ices rendered  or  to  be  rendered  in  a 
matter  in  which  the  United  States  is 
a  party. 

SEC.  4744.  Special  service  in  investigating  sus- 
pected attempts  at  fraud. 

Act  July  25,  1882.  Amending  Sec.  4744;  clerks 
detailed  as  special  examiners;  sub- 
poenas for  witnesses. 

Act  March  3,  1891.  Oaths,  special  examiners  to 
administer. 

SEC.  4745.  Any  pledge,  mortgage,  sale,  assign- 
ment, or  transfer  of  pension  void. 

Act  February  28.  1883.  Any  pledge  or  transfer 
of  pension  void,  and  a  pledge  or  re- 
ceipt of  same,  a  misdemeanor;  the 
retention  of  pension  certificate  a 
misdemeanor. 

SEC.  4746.  Penalty  for  false  affidavits  or  forward- 
ing post-dated  vouchers. 

SEC.  4783.  Embezzlement  by  guardian. 

SEC.  5486.  Embezzlement  by  guardian. 

Act  February  10,  1891.  Embezzlement  by  guar- 
dian, conservator,  curator,  commit- 
tee, or  tutor. 

SEC.  5392.  Perjury  and  subornation  of  perjury. 

Reference,  Act  January  29,  1887. 

SEC.  5393.  Subornation  of  perjury. 

SEC.  5414.  Forgery. 

SEC.  5418.  Forgery;  uttering  or  publishing  forged, 
altered,  or  counterfeited  record,  etc. 

SKC.  5421.  Forgery;  aiding  or  assisting  in  false 
making,  altering,  forging,  or  counter- 
feiting; uttering  or  publishing  as 
true  false,  forged,  altered,  or  counter- 
feited records,  etc.;  presenting  or 
causing  to  be  presented  at,  or  trans- 
mitted to  any  office  or  officer  of  the 
Government  of  the  United  States, 
any  false,  forged,  or  altered  writing, 
etc. 


SEC.  5422.  Having  forged  papers  in  possessionpp 
SEC.  5479.  Forgery ;    false    making,    altering, 

counterfeiting. 

SEC.  5435.  False  personation  of  claimant,  etc. 
SEC.  5438.  Making  or  presenting  false  claim. 
SEC.  5440.  Conspiracy. 
SEC.  5485.  Illegal  fees  of  attorneys. 
Reference,  Act  July  4,  1884,  Act  June  27, 

Act  July  27,  1892,  and  Act  Auj 

1892,  illegal  fees  of  attorneys. 
SEC.  5501.  Bribe,  United  States  officer  accept! 
SEC.  5451.  Bribery  of  any  United  States  oil 
SEC.  5498.  Persons  employed  under  the  Goi 

ment  in  any  capacity  can  not 

agents  or  attorneys ;  penalty  for. 
Act  May  21,  1872.  Penalty  forretahiingdisclu 

papers  or  land  warrants. 
Act  April  18,  1884.  Personation  of  a  Governing 

officer. 
Act  July  25,  1882.  Subpoenas ;  witnesses ;  atte| 

ance. 
SEC.  186.   Subpoena;  penalty  for  refusing  to 

pear. 

SEC.  1044.  Statute  of  limitations. 
j   SEC.  1045.  Fugitive  from  justice, 
SEC.  1046.  Reference  to  revenue  and  slave-t 

laws. 
Act  March  3,  1875.  Embezzling  or  stealing  pufj 

property  a  felony ;  receiving  of : 

penalty  for. 


SEC.  1782.  No  Senator,  Representative,  or  Delegate; 
after  Lis  election  and  during  bis  continuance  in  office,  am 
no  head  of  a  Department  or  other  officer  or  clerk  in  til 
employ  of  the  Government,  shall  receive  or  agree  to  receil 
any  compensation  whatever,  directly  or  indirectly,  for  ai|] 
services  rendered  or  to  be  rendered  to  any  person,  eithj 
by  himself  or  another,  in  relation  to  any  proceeding,  coil 


134 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     135 

lact,  claim,  controversy,  charge,  accusation,  arrest,  or 
*\wr  matter  orthiug  in  which  the  United  States  is  a  party, 
I  directly  or  indirectly  interested,  before  any  Department, 
Bart-martial,  Bureau,  officer,  or  any  civil,  military,  or  naval 
Immission  whatever.  Every  person  offending  against 
•  is  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
i  all  be  imprisoned  not  more  than  two  years  and  fined  not 
•ore  than  ten  thousand  dollars,  and  shall,  moreover,  by 
I  nviction  therefor,  be  rendered  forever  thereafter  incapa- 
i  e  of  holding  any  office  of  honor,  trust,  or  profit  under  the 
i  overnment  of  the  United  States. 

I  SEC.  4744.  The  Commissioner  of  Pensions  is  authorized 

I  detail,  from  time  to  time,  clerks  in  his  office  to  investi- 

lite  suspected  attempts  at  fraud  on  the  government,  Sec30  3March 

I  rough  and  by  virtue  of  the  provisions  of  the  pension  law,  i8?3;  sec.  12,  li 

,7  July,  1862;  Sec. 

lid  to  aid  in  prosecuting  any  person  so  offending,  with  4, 4  July, isw. 
lich  additional  compensation  as  is  customary  in  cases  of 
l>ecial  service;  any  person  so  detailed  shall  have  the  power 
I  administer  oaths  and  take  affidavits  in  the  course  of  any 
lich  investigation. 


The  above  section  amended  by  the  folloicing  Acts. 
Under  an  Act  making  appropriations  for  the  payment  o/18^ct  25 
.valid  and  other  pensioners  of  the  United  States  for  the  year 

iding  June  30,  1883,  it  was  enacted  : 

####### 

That  section  forty-seven  hundred  and  forty-four,  title  fifty- 
sven  of  the  Revised  Statutes  of  the  United  States  is  hereby 
nended  to  read  as  follows : 

"SEC.  4744.*  The  Commissioner  of  Pensions  is  authorized 
>  detail  from  time  to  time  clerks  or  persons  employed  in 
is  office  to  make  special  examinations  into  the  merits  of 
ich  pension  or  bounty  land  claims,  whether  pending  or 
djudicated,  as  he  may  deem  proper,  and  to  aid  in  the 
rosecutiou  of  any  party  appearing  on  such  examinations  to 
e  guilty  of  fraud,  either  in  the  presentation  or  in  procuring 
he  allowance  of  such  claims ;  and  any  person  so  detailed 
hall  have  power  to  administer  oaths  and  take  affidavits 
nd  depositions  in  the  course  of  such  examinations,  and  to 
rally  examine  witnesses,  and  may  employ  a  stenographer, 
rheu  deemed  necessary  by  the  Commissioner  of  Pensions, 
i  important  cases,  such  stenograper  to  be  paid  by  such 
lerk  or  person,  and  the  amount  so  paid  to  be  allowed  in 
is  accounts." 

*  See  also  section  474,  p. 


136 


LAWS   RELATING    TO    ARMY    AND    NAVY   PENSIONS. 


Subpoena 
witness. 


for 


SEC.  3.  "That  in  addition  to  the  authority  conferred 
section  one  hundred  and  eighty-four,  title  four  of  the  Revif 
Statutes,  any  judge  or  clerk  of  any  court  of  the  Unil 
States  in  any  State,  District,  or  Territory  shall  havepowe^ 
upon  the  application  of  the  Commissioner  of  Pensions, 
issue  a  subprena  for  a  witness,  being  within  the  jurisdicti< 
of  such  court,  to  appear,  at  a  time  and  place  in  the  subpoai 
stated,  before  any  officer  authorized  to  take  depositions 
be  used  in  the  courts  of  the  United  States,  or  before 
officer,  clerk,  or  person  from  the  Pension  Bureau  design  at 
or  detailed  to  investigate  or  examine  into  the  merits  of  ai 
pension  claim  and  authorized  by  law  to  administer  oatlj 
and  take  affidavits  in  such  investigation  or  examination 
there  to  give  full  and  true  answers  to  such  written  inte 
rogatories  and  cross-interrogatories  as  may  be  propounds] 
or  to  be  orally  examined  and  cross-examined  upon  the  si 
ject  of  such  claim;  and  witnesses  subpoenaed  pursuant 
this  and  the  preceding  section  shall  be  allowed  the  sai 
compensation  as  is  allowed  witnesses  in  the  courts  of  tl] 
United  States,  and  paid  in  the  same  manner." 


Act   3  Mar.,  AN  ACT  making  appropriations  for  the  payment  of  invalid  and  oth< 

! pensions  of  the  United  States,  for  the  fiscal  year  ending  June  tail 

tieth,  eighteen  hundred  and  ninety-two,  and  for  other  purposes. 

#*##*## 

Oaths,  special     gEC>  3,  That  the  same  power  to  administer  oaths  an) 

examiners  to  ad- 
minister, take  affidavits,  which  by  virtue  of  section  forty-seven  huij 

dred  and  forty-four  of  the  Revised  Statutes  is  confer] 
upon  clerks  detailed  by  the  Commissioner  of  Pensions  froi 
his  office  to  investigate  suspected  attempts  at  fraud  on  tl 
Government  through  and  by  virtue  of  the  pension  law;| 
and  to  aid  in  prosecuting  any  person  so  offending,  shall 
and  is  hereby,  extended  to  all  special  examiners  or  ac 
tional  special  examiners  employed  under  authority  of 
gress  to  aid  in  the  same  purpose. 
Approved,  March  3,  1891. 


Any  pledge, 
mortgage,  sale, 
assignment,  or 
transfer  of  pen- 
sion void. 


Sec.  32,  3  Mar., 
1873;  Sec.  8,  10 
Apr.,  1806;  Sec. 
4,  18  Mar.,  1818; 
Sec.  2,  7  July, 
1838;  Sec.  2,  6 
June,  1866. 


SEC.  4745.  Any  pledge,  mortgage,  sale,  assignment, 
transfer  of  any  right,  claim,  or  interest  in  any  peusiol 
which  has  been,  or  may  hereafter  be,  granted,  shall  be  voi| 
and  of  no  effect;   and  any  person  acting  as  attorney 
receive  and  receipt  for  money  for  and  in  behalf  of  uuy 
son  entitled  to  a  pension  shall,  before  receiving  such  monej 
take  and  subscribe  an  oath,  to  be  filed  with  the  pensiol 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     137 

eiit,  and  by  him  to  be  transmitted,  with  the  vouchers  now 
uired  by  law,  to  the  proper  accounting  officer  of  the 
easury,  that  he  has  no  interest  in  such  money  by  any 
dge,  mortgage,  sale,  assignment,  or  transfer,  and  that 
does  not  know  or  believe  that  the  same  has  been  so  dis- 
jed  of  to  any  person. 


?he  above  section  amended  by  the  following  Act: 

of  Congress  approved  February  twenty -eighth  ^eighteen  Act  28  Feb.,  issa. 
ndred  and  eighty-three,  section  four  thousand  seven  hundred 
d  forty -five  of  the  Revised  Statutes  ivas  amended  to  read  as 
mvs : 

Any  pledge,  mortgage,  sale,  assignment,  or  transfer  oft^ef*fS*™ 
right,  claim,  or  interest  in  any  pension  which  has  been  symvoid,  andthe 

•*  A  pledge  or  receipt 

may  hereafter  be  granted  shall  be  void  and  of  no  effect,  of  8ame  amisde- 
d  any  person  who  shall  pledge,  or  receive  as  a  pledge, 
rtgage,  sale,  assignment  or  transfer  of  any  right,  claim, 
interest  in  any  pension  or  pension  certificate,  which  has 
en  or  may  hereafter  be  granted  or  issued,  or  who  shall 
d  the  same  as  collateral  security  for  any  debt  or  promise, 
upon  any  pretext  of  such  security  or  promise,  shall  be 
ilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
fined  in  a  sum  not  exceeding  one  hundred  dollars  and  the 
ts  of  the  prosecution ;  and  any  person  who  shall  retain  Retention  of 

certificate  of  a  pensioner  and  refuse  to  surrender  the  cate  a  misde- 
meanor. 
me  upon  the  demand  of  the  Commissioner  of  Pensions,  or 

Jnited  States  pension  agent,  or  any  other  person  author- 
d  by  the  Commissioner  of  Pensions  or  the  pensioner 
receive  the  same,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  fined  in  a  sum  not  exceed- 
j  one  hundred  dollars  and  the  costs  of  the  prosecution. 


SEC. 4746.*  Every  person  who  knowingly  or  wilfully  in 

y  wise  procures  the  making  or  presentation  of  any  false p"08t ~-d~atin  g 

fraudulent  affidavit  concerning  any  claim  for  pension,  or 

yinent  thereof,  or  pertaining  to  any  other  matter  within  i873;  secs.i  and 
jurisdiction  of  the  Commissioner  of  Pensions,  or  who  s'ec.  3,  e'  ju 

.  1866 •    Sec     ti 

owiugly  or  willfully  presents  or  causes  to  be  presented  at  July,  mo! 
pension- agency  any  power  of  attorney  or  other  paper  Feb.6 1359.' 
luired  as  a  voucher  in  drawing  a  pension,  which  paper 
*rs  a  date  subsequent  to  that  on  which  it  was  actually 
ned  or  executed,  shall  be  punished  by  a  fine  not  exceed- 
'  five  hundred  dollars,  or  by  imprisonment  for  a  term  not 
seeding  three  years,  or  by  both. 

*  Amended,  act  July  7,  1898,  pp.  147,148. 


138     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 


*  ^783.  Every  guardian  having  the  charge  and  cu 
by  guardian.      tody  of  the  pension  of  his  ward  who  embezzles  the  samfl 
18^c-  31«  3  Mar"  in  violation  of  his  trust,  or  fraudulently  converts  the  sam| 
see  sec.  5486,  to  his  own  use,  shall  be  punished  by  fine  not  exceeding  twd 
thousand  dollars  or  imprisonment  at  hard  labor  for  a  term 
not  exceeding  five  years,  or  both. 

EMBEZZLEMENT   OF   PENSION  MONEY  BY  GUARDIAN. 

Embezzlement     SEC.  5486.  If  any  guardian,  having  the  charge  and  con 

of  prnsionuioney  .      ,         _.,  .  __  .  1,11          *  , 

i.y  guardian.      tody  of  the  pension  of  his  ward,  shall  embezzle  the  same  iijj 
ibid.  violation  of  his  trust,  or  fraudulently  convert  the  same  tj 

his  own  use,  he  shall  be  punished  by  a  fine  not  exceed  in  I 
two  thousand  dollars  or  imprisonment  at  hard  labor  for  j| 
term  not  exceeding  five  years,  or  both,  at  the  discretioi 
the  court.    Amended  by  the  following  Act  : 

Act  10  Feb.,  1891.  AN  ACT  to  amend  sections  forty-seven  hundred  and  eighty-  throe 
fifty-four  hundred  and  eighty-six  of  the  Revised  Statutes. 

•  Be  it  enacted  by  the  Senate  and  House  of  Representative 
the  United  States  of  America  in  Congress  assembled,  That 
tions  forty-seven  hundred  and  eighty-three  and  fifty-far) 
hundred  and  eighty-six  of  the  Kevised  Statutes  be,  and  tl 
same  are  hereby,  so  amended  as  to  read  as  follows  : 
Embezzlement     "  Every  guardian,  conservator,  curator,  committee,  tutoj 
money.611      '"or  other  person  having  charge  and  custody  in  a  fiduci 
capacity  of  the  pension  of  his  ward,  who  shall  embezzle  tl 
same  in  violation  of  his  trust,  or  fraudulently  convert 
same  to  his  own  use,  shall  be  punished  by  fine  not  ex< 
ing  two  thousand  dollars  or  imprisonment  at  hard  labor 
a  term  not  exceeding  five  years,  or  both,  at  the  discrel 
of  the  court." 

Approved,  February  10,  1891. 

PERJURY  AND  SUBORNATION  OF  PERJURY. 

Perjury.  SEC.  5392.  Every  person  who,  having   taken   an 


Acts  3  Apr.,  before  a  competent  tribunal,  officer,  or  person  in  any  c 
vCihap.'  lief  3'  which  a  law  of  the  United  States  authorizes  an  oath  to 
ec!8i^'^4*pi  administered  that  he  will  testify,  declare,  depose,  or  ce 
p8K  ""i887p'  *ruty?  or  that  anv  written  testimony,  declaration,  dep 
c2b:a  3  H5r'v8i8  tion,  or  certificate  by  him  subscribed  is  true,  willfully  ai 
&'JahJPSl  "contrary  to  such  oath  states  or  subscribes  any  inateri 

•July,  1876,  Chap. 

i8o^sec.io,v.  19,  matter  which  he  does  not  believe  to  be  true,  is  guilty 
perjury,  and  shall  be  punished  by  a  fine  of  not  more  t 
two  thousand  dollars  and  by  imprisonment  at  hard  lab< 
not  more  than  five  years,  and  shall,  moreover,  thereaft 
be  incapable  of  giving  testimony  in  any  court  of  the  Unitx 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     139 

jates  until  such  time  as  the  judgment  against  him  is  re- 

Tst><l.     (See  Sec.  1750.) 

(See  section  3,  Act  January  29,  1887,  p.  74.} 

SEC.  5393.  Every  person  who  procures  another  to  com-    sutornation  of 
it  any  perjury  is  guilty  of  subornation  of  perjury,  and 

,  .  ,.  -i'    i  Acts  30  Apr., 

mishable  as  in  the  preceding  section  prescribed.    (See  1790,  Chap.%  fee! 
-,r*KA  \  18'v-  J'  P-  llfi;  3 

C.  1  i  50.)  Mar.,  1825,  Chap. 

(See  section  3,  Act  January  29,  1887,  p.  74.)  ngSeCl  13'  v'  *'  p' 

FORGERY,  ETC. 

SEC.  5414.  Every  person  who,  with  intent  to  defraud,  J^fe*}^** 
Isely  makes,  forges,  counterfeits,  or  alters  any  obligation  united  states  se- 
security  of  the  United  States  shall  be  punished  by  a 
e  of  not  more  than  five  thousand  dollars  and  by  impris- 
imeut  at  hard  labor  not  more  than  fifteen  years. 

SEC.  5418.  Every  person  who  falsely  makes,  alters,  forges,    Forging,  etc., 
counterfeits  any  bid,  proposal,  guaranty,  official  bond,  ord',  etc. 
iblic  record,  affidavit,  or  other  writing  for  the  purpose  of   Act   5    Apr., 
3frauding  the  United  States,  or  utters  or  publishes  as  true  sec6'i,  v?iTp.  w' 
y  such  false,  forged,  altered,  or  counterfeited  bid,  pro-  v.ULawren!eaa3 
3sal,  guaranty,  official  bond,  public  record,  affidavit,  orBlatch-2ii). 
her  writing  for  such  purpose,  knowing  the  same  to  be 
Ise,  forged,  altered,  or  counterfeited,  or  transmits  to  or 
resents  at  the  office  of  any  officer  of  the  United  States 
such  false,  forged,  altered,  or  counterfeited  bid,  pro- 
osal,  guaranty,  official  bond,  public  record,  affidavit,  or 
her  writing,  knowing  the  same  to  be  false,  forged,  altered, 
counterfeited  for  such  purpose,  shall  be  imprisoned  at 
ird  labor  for  a  period  not  more  than  ten  years  or  be  fined 
ot  more  than  one  thousand  dollars,  or  be  punished  by 
oth  such  fine  and  imprisonment.     (See  Sec.  5479.) 

SEC.  5421.  Every  person  who  falsely  makes,  alters,  forges,  po^°errgi"f 
counterfeits,  or  causes  or  procures  to  be  falsely  made,  ney.  etc- 


tered,  forged,  or  counterfeited,  or  willingly  aids  or  assists    Ac*  *  Mar.. 

1823,    Olicip.     33, 


,          c.         , 

the  false  making,  altering,  forging,  or  counterfeiting  any  Sec.i,  v.  3,  p.  771. 
eed,  power  of  attorney,  order,  certificate,  receipt,  or  other    united  states 

...  v.  Moore  (2  Low., 

nting  for  the  purpose  of  obtaining  or  receiving,  or  of  232). 
nabling  any  other  person,  either  directly  or  indirectly,  to 
btain  or  receive  from  the  United  States,  or  any  of  their 
fficers  or  agents,  any  sum  of  money,  or  who  utters  or 
ublishes  as  true,  or  causes  to  be  uttered  or  published  as 
rue,  any  such  false,  forged,  altered,  or  counterfeited  deed, 
ower  of  attorney,  order,  certificate,  receipt,  or  other 
riting  with  intent  to  defraud  the  United  States,  know- 


140 


LAWS    RELATING    TO    ARMY   AND   NAVY    PENSIONS. 


ing  the  same  to  be  false,  altered,  forged,  or  counterfeited 
or  who  transmits  to  or  presents  at,  or  causes  or  procures 
to  be  transmitted  to  or  presented  at,  any  office  or  offi 
of  the  Government  of  the  United  States  any  deed,  pow 
of  attorney,  order,  certificate,  receipt,  or  other  writing  i 
support  of  or  in  relation  to  any  account  or  claim  wi 
intent  to  defraud  the  United  States,  knowing  the  sain 
to  be  false,   altered,   forged,   or   counterfeited,   shall 
imprisoned  at  hard  labor  for  a  period  of  not  less  than  on 
year  nor  more  than  ten  years,  or  shall  be  imprisoned  no 
more  than  five  years  and  fined  not  more  than  one  thousan< 
dollars. 

SEC.  5422.  Every  person  who  knowingly  and  with  intenj 

to  defraud  the  United  States  has  in  his  possession  an; 

ibid.,  sec.  2,  p.  false,  altered,  forged,  or  counterfeited  deed,  power  of  attorj 
ney,  order,  certificate,  receipt,  or  other  writing  for 

the  Unit 


Having  forged 

papers  in  posses- 


s 


purpose  of  enabling  another  to  obtain  from 

States,  or  any  of  their  officers  or  agents,  any  sum  of  mo 

shall  be  fined  and  imprisoned  at  the  discretion  of  the  court 

SEC.  5479.  If  any  person  shall  falsely  make,  alter,  forge] 
or  counterfeit,  or  cause  or  procure  to  be  falsely  inad< 
altered,  forged,  or  counterfeited,  or  willingly  aid  or  assi* 
Counterfeiting  jn  the  false  making,  altering,  forging,  or  counterfeiting  an; 

Dlu,   nOHU.  *'tc. 

~Act  27  Feb  bond,  bid,  proposal,  guaranty,  security,  official  bond,  pul 
i|77,  chap.  69,  v!  HC  record,  affidavit,  or  other  writing  for  the  purpose 
defrauding  the  United  States,  or  shall  utter  or  publish 
true,  or  cause  to  be  uttered  or  published  as  true,  any  su( 
false,  forged,  altered,  or  counterfeited  bond,  bid,  proposal 
guaranty,  security,  official  bond,  public  record,  affidavit 
or  other  writing  for  the  purpose  of  defrauding  the  United 
States,  knowing  the  same  to  be  false,  forged,  altered,  o] 
counterfeited,  or  shall  transmit  to  or  present  at,  or  cai 
[to]  [or]  procure  to  be  transmitted  to  or  presented  at 
office  of  any  officer  of  the  United  States  any  such  fah 
forged,  altered,  or  counterfeited  bond,  bid,  proposal,  gi 
anty,  security,  official  bond,  public  record,  affidavit, 
other  writing,  knowing  the  same  to  be  false,  forged,  altei 
or  counterfeited  for  the  purpose  of  defrauding  the  United 
States,  shall  be  punishable  by  a  fine  of  not  more  than  on] 
thousand  dollars,  or  by  imprisonment  at  hard  labor  for  in 
more  than  ten  years,  or  by  both  such  punishments.     (> 
Sec.  5418.) 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.      141 


FALSE  PERSONATION  OF  CLAIMANT,  ETC. 

SEC.  5435.  Every  person  who  falsely  personates  any  true    Fal»e  persona- 
tion of  holder  of 

id  lawful  holder  of  any  share  or  sum  in  the  public  stocks  public  stock  orof 
debt  of  the  United  States,  or  any  person  entitled  to  any  peSn,netc. 
inuity,  dividend,  pension,  prize-money,  wages,  or  other    Act  3  Mar., 
3bt  due  from  the  United  States,  and,  under  color  of  suchsec.'is,  v.  4,  p'. 
Ise  personation,  transfers  or  endeavors  to  transfer  such 
iblic  stock,  or  any  part  thereof,  or  receives  or  endeavors 
receive  the  money  of  such  true  arid  lawful  holder  thereof, 
the  money  of  any  person  really  entitled  to  receive  such 
inuity,  dividend,  pension,  prize-money,  wages,  or  other 
3bt,  shall  be  punished  by  a  fine  of  not  more  than  five  thou- 
iul  dollars  and  by  imprisonment  at  hard  labor  not  more 
lian  ten  years. 

FALSE   CLAIMS. 

SEC.  5438.  Every  person  who  makes  or  causes  to  be  Making  or  pre- 
ade,  or  presents  or  causes  to  be  presented,  for  payment  ciahns.ng 
r  approval,  to  or  by  any  person  or  officer  in  the  civil,  Act  2  Mar., 
ilitary,  or  naval  service  of  the  United  States,  any  claim  gees.  iCb3?pv.  12! 
pon  or  against  the  Government  of  the  United  States,  or  pp>  696)  698- 
ly  Department  or  officer  thereof,  knowing  such  claim  to 
3  false,  fictitious,  or  fraudulent,  or  who,  for  the  purpose  of 
)taining  or  aiding  to  obtain  the  payment  or  approval  of 
ich  claim,  makes,  uses,  or  causes  to  be  made  or  used,  any 
3  bill,  receipt,  voucher,  roll,  account,  claim,  certificate, 
ifidavit,  or  deposition,  knowing  the  same  to  contain  any 
audulent  or  fictitious  statement  or  entry,  or  who  enters 
ito  any  agreement,  combination,  or  conspiracy  to  defraud 
le  Government  of  the  United  States,  or  any  Department 
?  officer  thereof,  by  obtaining  or  aiding  to  obtain  the  pay- 
ent  or  allowance  of  any  false  or  fraudulent  claim,  or  who 
aving  charge,  possession,  custody,  or  control  of  any  money 
1  other  public  property  used  or  to  be  used  in  the  military 
naval  service,  who,  with  intent  to  defraud  the  United 
tates  or  willfully  to  conceal  such  money  or  other  property, 
eliversor  causes  to  be  delivered,  to  any  other  person  hav- 
ig  authority  to  receive  the  same,  any  amount  of  such 
oney  or  other  property  less  than  that  for  which  he  re- 
vived a  certificate  or  took  a  receipt,  and  every  person 
uthorized  to  make  or  deliver  any  certificate,  voucher, 
Jceipt,  or  other  paper  certifying  the  receipt  of  arms,  am- 
mnition,  provisions,  clothing,  or  other  property  so  used 
r  to  be  used,  who  makes  or  delivers  the  same  to  any  other 
erson  without  a  full  knowledge  of  the  truth  of  the  facts 
bated  therein  and  with  intent  to  defraud  the  United  States. 


142     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

and  every  person  who  knowingly  purchases  or  receives 
pledge  for  any  obligation  or  indebtedness  from  any  soldiei 
officer,  sailor,  or  other  person  called  into  or  employed  ii 
the  military  or  naval  service  any  arms,  equipments,  amini 
nition,  clothes,  military  stores,  or   other  public  propertjj 
such  soldier,  sailor,  officer,  or  other  person  not  having  th| 
lawful  right  to  pledge  or  sell  the  same,  every  person 
offending  in  any  of  the  matters  set  forth  in  this  sectioj 
shall  be  imprisoned  at  hard  labor  for  not  less  than  one  n<j 
more  than  five  years,  or  fined  not  less  than  one  thousanj 
nor  more  than  five  thousand  dollars.    (See  Sees.  3490, 3491  j 

CONSPIRACY. 

AH  parties  to  a     SEC.  5440.*  If  two  or  more  persons  conspire  either  l] 
?°™StyCye    a  commit  any  offense  against  the  United  States,  or  to  defrs 

2  Mar.,   1867,  the  United  States  in  any  manner  or  for  any  purpose, 
?.hi4!p6484ec'3°'one  or  more  °f  sucn  parties  do  any  act  to  effect  the  obj 
of  the  conspiracy,  all  the  parties  to  such  conspiracy  si 
be  liable  to  a  penalty  of  not  less  than  one  thousand  del 
lars  and  not  more  than  ten  thousand  dollars,  and  to  ID] 
prisonment  not  more  than  two  years.     (See  also  Sec.  54t 

ILLEGAL  ATTORNEY  FEKS. 

Attorney    for     SEC.  5485.  Any  agent  or  attorney,  or  any  other  perscj 

pensions    de- 
man  dine  more  instrumental  in  prosecuting  any  claim  for  pension  or  bountj 

—  land,  who  shall,  directly  or  indirectly,  contract  for,  demanJ 

Act     3     Mar.,  .  .  . 

1873,  sec.  si, v.  17,  or  receive  or  retain  any  greater  compensation  jor  his  set] 
ices  or  instrumentality  in  prosecuting  a  claim  for  pensio 
or  bounty  land  than  is  provided  in  the  title  pertaining^ 
pensions,  or  who  shall  wrongfully  withhold  from  a 
sioner  or  claimant  the  whole  or  any  part  of  the  pension 
claim  allowed  and  due  such  pensioner  or  claimant,  or  tl] 
land  warrant  issued  to  any  such  claimant,  shall  be  deei 
guilty  of  a  high  misdemeanor,  and,  upon  conviction  thei 
shall,  for  every  such  offense,  be  fined  not  exceeding 
hundred  dollars  or  imprisonment  at  hard  labor  not  exec 
ing  two  years,  or  both,  at  the  discretion  of  the  court, 
sections  4785,  4786;  re-enacted  July  4,  1884,  p.  116.) 

(See  section  4,  act  June  27, 1890,  p.  61;  act  July  27,  1S9' 
p.  71;  act  August  5,  1892,  p.  64.) 

BRIBERY. 

United  states     SEC.  5501.  Every  officer  of  the  United  States,  and  evil 
Qg  person  acting  for  or  on  behalf  of  the  United  States  in  ar| 

Acts  26  Feb.,  official  capacity,  under  or  by  virtue  of  the  authority  ot'ai 
if5juiyfai866?6 is  Department  or  office  of  the  Government  thereof,  and  eveij 
Mar.',  187560'    3  officer  or  person  acting  for  or  on  behalf  of  either  House 

*    A  i, ,,.,,,!.,, i      .i/.f  \fotr  17     187U     T«     1/17 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  143 

mgress,  or  of  any  committee  of  either  House  or  of  both 
uses  thereof,  who  asks,  accepts,  or  receives  any  money 
any  contract,  promise,  undertaking,  obligation,  gratuity, 
security  for  the  payment  of  money,  or  for  the  delivery 
conveyance  of  anything  of  value,  with  intent  to  have 
s  decision  or  action  on  any  question,  matter,  cause,  or 
oceeding  which  may,  at  any  time,  be  pending,  or  which 
be  by  law  brought  before  him  in  his  official  capacity, 
in  his  place  of  trust  or  profit,  influenced  thereby  shall  be 
nished  as  prescribed  in  the  preceding  section. 

SEC.  5451.  Every  person  who  promises,  offers,  or  gives,    Bribery  of  any 

•  'United     States 

causes  or  procures  to  be  promised,  offered,  or  given,  any  officer. 
jney  or  other  thing  of  value,  or  makes  or  tenders  any  Acts  3  Mar., 
ntract,  undertaking,  obligation,  gratuity,  or  security  fonseei  is  Juiyi 
e  payment  of  money,  or  for  the  delivery  or  conveyance  of 
ything  of  value,  to  any  officer  of  the  United  States,  or  to 
y  person  acting  for  or  on  behalf  of  the  United  States  in 
y  official  function,  under  or  by  authority  of  any  Depart- 
mt  or  office  of  the  Government  thereof,  or  to  any  officer 
person  acting  for  or  on  behalf  of  either  House  of  Con- 
ess,  or  any  committee  of  either  House  or  both  houses 
ereof,  with  intent  to  influence  his  decision  or  action  on 
y  question,  matter,  cause,  or  proceeding  which  may  at 
y  time  be  pending,  or  which  may  by  law  be  brought  be- 
re  him  in  his  official  capacity,  or  in  his  place  of  trust  or 
ofit,  or  with  intent  to  influence  him  to  commit  or  aid  in 
mmitting,  or  to  collude  in,  or  allow,  any  fraud,  or  make 
portunity  for  the  commission  of  any  fraud,  on  the  United 
ates,  or  to  induce  him  to  do  or  omit  to  do  any  act  in  vio- 
tion  of  his  lawful  daty,  shall  be  punished  as  prescribed 
the  preceding  section.  (See  Sec.  5501.) 

SEC.  5498.  Every  officer  of  the  United  States,  or  person    Persons  em- 
ployed under  the 
Idmg  any  place  of  trust  or  profit,  or  discharging  any  offi-  Government   in 

,  «   €  .  .,,  ®         J  ..        any  capacity,  can 

il  function  under,  or  in  connection  with,  any  Executive  not  act  as  agents 
epartment  of  the  Government  of  the  United  States,  or  un-  can  they  aid  or 
r  the  Senate  or  House  of  Representatives  of  the  United  ecutsionntpf  Pany 
ates,  who  acts  as  an  agent  or  attorney  for  prosecuting  any 
aim  against  the  United  States,  or  in  any  manner,  or  by 
y  means,  otherwise  than  in  discharge  of  his  proper  official 

ties,  aids  or  assists  in  the  prosecution  or  support  of  any 
ch  claim,  or  receives  any  gratuity,  or  any  share  of  or 
terest  in  any  claim  from  any  claimant  against  the  United 
,ates,  with  the  intent  to  aid  or  assist,  or  in  consideration 

having  aided  or  assisted,  in  the  prosecution  of  such 
aim,  shall  pay  a  fine  of  not  more  than  five  thousand  dol- 
rs  or  suffer  imprisonment  not  more  than  one  year,  or  both. 


144  LAWS    RELATING   TO   ARMY   AND    NAVY    PENSIONS. 

Act  21  May,  AN  ACT  to  prohibit  the  retention  of  soldiers'  discharges  by  cla 
-  '.  -  agents  and  attorneys. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 

the  United  States  of  America  in  Congress  assembled,  Th, 

penalty  upon  aDy  claim  agent,  attorney,  or  other  person  engaged  in  tJ 

claim   agents,        * 

et«.,forretaining  col  lection  of  claims  for  pay,  bounty,  pension,  or  other  allo 

without  consent 

or  refusing  to  ances  for  any  soldier,  sailor,  or  marine,  or  for  any  commi 
papers  01°  lan!  sioned  officer  of  the  military  or  naval  forces,  or  who  mi 
ToWie^etcf  any  have  been  a  soldier,  sailor,  marine,  or  officer  of  the  regulj 
volunteer  forces  of  the  United  States,  and  honorably  d 
charged,  who  shall  retain,  without  the  consent  of  the  OWM 
or  owners  thereof,  or  shall  refuse  to  deliver  or  account  1 
the  same  upon  demand  duly  made  by  the  owner  or  owmj 
thereof,  or  by  their  agent  or  attorney,  the  discharge  pap 
or  land  warrant  of  any  such  soldier,  sailor,  or  marine 
commissioned  officer  which  may  have  been  placed  i 
hands  for  the  purpose  of  collecting  said  claims,  shal 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  co 
tiou,  be  punished  by  a  fine  not  exceeding  five  hundred  d 
lars  or  by  imprisonment  not  exceeding  six  months,  or  boi 
in  the  discretion  of  the  court,  and  shall  thereafter 
debarred  from  prosecuting  any  such  claim  in  any  executi 
department  of  the  Government. 
Approved,  May  21,  1872. 

Act  18    Apr.,  AN  ACT  making  it  a  felony  for  a  person  to  falsely  and  fraudulently 
or  pretend  to  be  an  officer  or  employs  acting  under  auth 


I 

:ie, 

I 

>nv 


of  the  United  States,  or  any  Department  or  any  officer  thereof, 
prescribing  a  penalty  therefor. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
the  United  States  of  America  in  Congress  assembled,  Tl 
every  person  who,  with  intent  to  defraud  either  the  U: 
States  or  any  person,  falsely  assumes  or  pretends  to 
officer  or  employe*  acting  under  the  authority  of  the  Uu 
States,  or  any  Department  or  any  officer  of  the  Govern 
thereof,  and  who  shall  take  upon  himself  to  act  as  sue' 
who  shall  in  such  pretended  character  demand  or  o 
from  any  person  or  from  the  United  States,  or  any  Depa 
ment,  or  any  officer  of  the  Government  thereof,  any  mom 
paper,  document,  or  other  valuable  thing,  shall  be  deemj 
guilty  of  felony,  and  shall,  on  conviction  thereof,  be  pi 
ished  by  a  fine  of  not  more  than  one  thousand  dollars, 
imprisonment  not  longer  than  three  years,  or  both  said  pi 
ishments,  in  the  discretion  of  the  court. 

Approved,  April  18, 


LAWS    RELATING    TO   ARMY    AND    NAVY    PENSIONS.  145 


SUBPCENAS. 

vT  ACT  making  appropriations  for  the  payment  of  invalid  and  other 
pensions  of  the  United  States  for  the  fiscal  year  ended  June  30, 1883, 
and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 

the    United  States  of  America  in   Congress  assembled, 
SEC.  3.  That  in  addition  to  the  authority  conferred  by  igAct  25  July, 
iction  one  hundred  and  eighty-four,  title  four,  of  the  Ee-  — 
sed  Statutes,  any  judge  or  clerk  of  any  court  of  the  United 
tates  in  any  State,  district,  or  Territory  shall  have  power, 
Don  the  application  of  the  Commissioner  of  Pensions,  to 
sue  a  subpoena  for  a  witness,  being  within  the  jurisdiction  W§neb8£jnas  to 

such  court,  to  appear  (at  a  time  and  place  in  the  subpoena 
ated)  before  any  officer  authorized  to  take  depositions  to 

used  in  the  courts  of  the  United  States,  or  before  any 
ficer,  clerk,  or  person  from  the  Pension  Bureau  desig- 
ated  or  detailed  to  investigate  or  examine  into  the  merits 
f  any  pension  claim,  and  authorized  by  law  to  administer 
iths  and  take  affidavits  in  such  investigation  or  examina- 
on,  there  to  give  full  and  true  answer  to  such  written 
terrogatories  and  cross  interrogatories  as  may  be  pro- 
Minded,  or  to  be  orally  examined  and  cross-examined  upon 
le  subject  of  such  claim;  and  witnesses  subpoenaed  pur-  witnesses'  fees. 
lant  to  this  and  the  preceding  section  shall  be  allowed 
le  same  compensation  as  is  allowed  witnesses  in  the  courts 

the  United  States  and  paid  in  the  same  manner. 
Approved,  July  25, 1882. 

SEC.  186.  If  any  witness,  after  being  duly  served  with   compelling  tee- 
ich  subpoena,  neglects  or  refuses  to  appear,  or  appearing    Act  u  Feb 
>fuses  to  testify,  the  judge  of  the  district  in  which  thei8?i, 
nbpoena  is  issued  may  proceed,  upon  proper  process,  to  412! 
oforce  obedience  to  the  subpoena,  or  to  punish  the  disobe- 
lence,  in  like  manner  as  any  court  of  the  United  States 

ay  do  in  case  of  process  of  subpoena  ad  testificandurn 

sued  by  such  court. 

STATUTE   OF   LIMITATIONS. 

SEC.  1044.  [JVo  person  shall  be  prosecuted,  tried,  or  pun 
hedfor  any  offense  not  capital,  except  as  provided  in  section 
ne  thousand  and  forty -six,  unless  the  indictment  is  found  or 
he  information  is  instituted  within  two  years  next  after  such 
fense  is  committed.]  [No  person  shall  be  prosecuted,  tried 
r  punished  for  any  offense  not  capital,  except  as  provided 
u  section  one  thousand  and  forty- six,  unless  the  indictment 
5323—02 10 


146 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 


is  found,  or  the  information  is  instituted  within  three  years 
next  after  such  offense  shall  have  been  committed.    But 
this  act  shall  not  have  effect  to  authorize  the  prosecutioi 
trial  or  punishment  for  any  offense,  barred  by  the  provi- 
sions of  existing  laws.] 

SEC.  1045.  Nothing  in  the  two  preceding  sections  sha 
extend  to  any  person  fleeing  from  justice. 

SEC.  1046.  [Refers  to  offenses  against  the  revenue  and  sla\ 
trade  laws.] 

Acts  Mar.,  1875.  AN  ACT  to  punish  certain  larcenies,  and  the  receivers  of  stolen  gooc 

e  it  enacted  by  the  Senate  and  House  of  Representatives  oj 
United  States  of  America  in  Congress  assembled,  Thai 
person  who  shall  embezzle,  steal,  or  purloin  any  monei 


property 
° 


ar?6o-'  sec  1624'  l)r°Perty,  record,  voucher,  or  valuable  thing  whatever, 
r£S!S'tne  moneys,  goods,  chattels,  records,  or  property  of  th< 


5483,    5488-5496,  United  States,  shall  be  deemed  guilty  of  felony,  and  o 
conviction  thereof  before  the  district  or  circuit  court  of  th< 
United  States  in  the  district  wherein  said  offense  may  hav< 
been  committed,  or  into  which  he  shall  carry  or  have  ii 
possession  of  said  property  so  embezzled,  stolen,  or  pur- 
loined, shall  be  punished  therefor  by  imprisonment  at  hs 
labor  in  the  penitentiary  not  exceeding  five  years,  or  by 
fine  not  exceeding  five  thousand  dollars,  or  both,  at  tin 
discretion  of  the  court  before  which  he  shall  be  convict 
ceiSreetc.?°of     SEC.  2.  That  if  any  person  shall  receive,  conceal,  or  aid  ii 
property^ uhowconceaun^  or  have,  or  retain  in  his  possession  with  inteul 
punished.          fa  convert  to  his  own  use  or  gain,  any  money,  property 
record,  voucher,  or  valuable  thing  whatever,  of  the  moneys 
goods,  chattels,  records,  or  property  of  the  United  Stat 
which  has  theretofore  been  embezzled,  stolen,  or  purloin* 
from  the  United  States  by  any  other  person,  knowing  th( 
same  to  have  been  so  embezzled,  stolen,  or  purloined,  sucl 
person  shall,  on  conviction  before  the  circuit  or  distrk 
court  of  the  United  States  in  the  district  wherein  he 
have  such  property,  be  punished  by  a  fine  not  exceediuj 
five  thousand  dollars,  or  imprisonment  at  hard  labor  in  th< 
penitentiary  not  exceeding  five  years,  one  or  both,  at  th< 
discretion  of  the  court  before  which  he  shall  be  convicted : 
fore&o™ftercon-     ^no^  sucn  receiver  may  be  tried  either  before  or  after  th< 
Iipahn  of  Prin' conviction  of  the  principal  felon,  but  if  the  party  has  b( 

convicted,  then  the  judgment  against  him  shall  be  con- 
clusive evidence  in  the  prosecution  against  such  receive 
that  the  property  of  the  United  States  therein  descrit 
has  been  embezzled,  stolen,  or  purloined. 
Approved,  March  3,  1875. 
(Supplement  to  Revised  Statutes,  vol.  1,  p.  183.) 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     147 

SEC.  474.  The  Commissioner  of  Pensions  is  authorized 
to  detail,  from  time  to  time,  any  of  the  clerks  in  his  Office 
to  investigate  any  suspected  attempts  to  defraud  the 
United  States,  in  or  affecting  the  administration  of  any 
law  relative  to  pensions,  and  to  aid  in  prosecuting  any 
persons  implicated,  with  such  additional  compensation  as 
is  customary  in  cases  of  special  service.  Any  person  so 
detailed  shall  have  the  power  to  administer  oaths  in  the 
course  of  any  such  investigation.  (E.  S.  U.  S.,  80.) 


AN  ACT  to  amend  section  fifty-four  hundred  and  forty  of  the  Revised 

Statutes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled.  That 
section  fifty-four  hundred  and  forty  of  the  Kevised  Statutes 
of  the  United  States  of  America  be  amended  so  as  to  read 
as  follows: 

If  two  or  more  persons  conspire  either  to  commit  any 
offense  against  the  United  States  or  to  defraud  the  United 
States  in  any  manner  or  for  any  purpose,  and  one  or  more 
of  such  parties  do  any  act  to  effect  the  object  of  the  con- 
spiracy all  the  parties  to  such  conspiracy  shall  be  liable 
to  a  penalty  of  not  more  than  ten  thousand  dollars,  or  to 
imprisonment  for  not  more  than  two  years  or  to  both  fine 
and  imprisonment  in  the  discretion  of  the  court. 

Approved,  May  17, 1879. 


AN  ACT  to  amend  section  forty-seven  hundred  and  forty-six  of  the 
Revised  Statutes  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That 
section  forty-seven  hundred  and  forty-six  of  the  Revised 
Statutes  of  the  United  States  is  hereby  amended  to  read 
as  follows : 

"That  every  person  who  knowingly  or  willfully  makes  or 
aids,  or  assists  in  the  making,  or  in  any  wise  procures  the 
making  or  presentation  of  any  false  or  fraudulent  affidavit, 
declaration,  certificate,  voucher,  or  paper  or  writing  pur- 
porting to  be  such,  concerning  any  claim  for  pension  or 
payment  thereof,  or  pertaining  to  any  other  matter  within 
the  jurisdiction  of  the  Commissioner  of  Pensions  or  of  the 
Secretary  of  the  Interior,  or  who  knowingly  or  willfully 
makes  or  causes  to  be  made,  or  aids  or  assists  in  the  mak- 
ing, or  presents  or  causes  to  be  presented  at  any  pension 


148     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

agency  any  power  of  attorney  or  other  paper  required  as  a 
voucher  in  drawing  a  pension,  which  paper  bears  a  date 
subsequent  to  that  upon  which  it  was  actually  signed  or 
acknowledged  by  the  pensioner,  and  every  person  before 
whom  any  declaration,  affidavit,  voucher,  or  other  paper 
or  writing  to  be  used  in  aid  of  the  prosecution  of  any  claim 
for  pension  or  bounty  land  or  payment  thereof  purports  to 
have  been  executed  who  shall  knowingly  certify  that  the 
declarant,  affiant,  or  witness  named  in  such  declaration, 
affidavit,  voucher,  or  other  paper  or  writing  personally 
appeared  before  him  and  was  sworn  thereto,  or  acknowl- 
edged the  execution  thereof,  when,  in  fact,  such  declarant, 
affiant,  or  witness  did  not  personally  appear  before  him  or 
was  not  sworn  thereto,  or  did  not  acknowledge  the  execu 
tion  thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  for  a  term  of  IN 
more  than  five  years." 
Approved,  July  7, 1898. 


SPECIAL  ACTS  GRANTING  PENSION  TO  PERSONS  NOT  INCLUDED 
UNDER  THE  GENERAL  LAWS. 


Act  June  6, 1874.  Special  act  pensions  equalized. 

Act  March  3,1875.  Pensioning  widows,  children, 
and  dependent  relatives  of  soldiers 
murdered  by  guerrillas  at  Centralia, 
Mo. ;  also  as  to  Missouri  militia. 

Act  March  3, 1881.  For  the  relief  of  the  citizens 
of  Montana  who  served  with  United 
States  troops  in  war  with  Nez  Perce 
Indians. 


Act  May  15, 1886.  Discharges  to  members  of  Mis- 
souri Home  Guards. 

Act  January  3, 1887.  For  the  relief  of  survivors  of 
steamer  Jeannette. 

Act  January  29, 1887.  For  the  relief  of  the  suffer- 
ers by  the  wreck  of  TJ.  S.  S.  AshueloL 

Act  May  28, 1896.  Master,  mate,  pilot,  or  engineer 
of  steam  vessels  not  liable  to  draft; 
duties  of,  in  time  of  war. 


Act    6     June, 
1874. 


sions  equalized. 


AN  ACT  to  equalize  pensions  in  certain  cases. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  See  8ec  4720 
\ihe  United  States  of  America  in  Congress  assembled.  That  all  R>  s- 
persons  entitled  to  pensions  under  special  acts  fixing  the 
rate  01  such  pensions,  and  now  receiving  or  entitled  to  re- 
ceive a  less  pension  than  that  allowed  by  the  general  pen- 
sion laws  under  like  circumstances,  are,  in  lieu  of  their 
present  rate  of  pension,  hereby  declared  to  be  entitled  to 
the  benefits  and  subject  to  the  limitations  of  the  general 
pension  laws,  entitled,  "An  act  to  revise,  consolidate,  and 
amend  the  laws  relating  to  pensions,"  approved  March  third, 
eighteen  hundred  and  seventy-  three  ;  and  that  this  act  go 
|  into  effect  from  and  after  its  passage:  Provided,  That  this 
act  shall  not  be  construed  to  reduce  any  pension  granted  by 
special  act. 

Approved,  June  6,  1874. 


AN  ACT  granting  pensions  to  the  widows,  children,  dependent  moth-     -^ct  3  Mar., 
era  and  fathers,  or  orphan  brothers  and  sisters,  of  those  soldiers  who 

I    were  murdered  by  guerrillas,  at  Centralia,  Missouri,  in  eighteen  hun. 
dred  and  sixty-four. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
Athe  United  States  of  America  in  Congress  assembled.  That  the 

.    .  Pension  laws 

(provisions  of  existing  laws  be,  and  the  same  are  hereby,  extended  to 
i  extended  to  the  widows,  children,  dependent  mothers  and Stc.', Cot! 
fathers,  or  orphan  brothers  and  sisters,  in  the  order  named,  Sfiaf  MO  * 
of  those  lately  discharged  soldiers  of  the  Army  of  the 
United  States,  who  were  murdered  by  guerrillas  at  Cen- 
tralia, Missouri,  in  eighteen  hundred  and  sixty-four,  while 
being  transported  on  the  North  Missouri  Railroad. 

149 


150     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

tendedisitTSMis-     SEO'  2'  That  the  provisions  of  this  act  shall  be  construed 
aouri  militia,      to  extend  to  the  widows,  children,  dependent  mothers  and 
fathers,  or  orphan  brothers  and  sisters,  in  the  order  named, 
of  any  member  of  the  Missouri  militia  who  was  murdered 
as  aforesaid  by  guerrillas  at  Centralia,  Missouri,  in  eighteen 
hundred  and  sixty-four. 
Approved,  March  3,  1875. 


!88lCt    3    Mar''  AN  ACT  f°r  tbe  relief  of  citizen8  of  Montana  who  served  with  the 
United  States  troops  in  the  war  with  the  Nez  Percos,  aiid  for  the  j 
relief  of  the  heirs  of  such  as  were  killed  in  such  service. 

Be  it  enacted  by  the  Senate  and  House  of  Representative*  of\ 
the  United  States  of  America  in  Congress  assembled.  That! 
each  volunteer  who  joined  the  forces  of  the  United  States,  | 
in  the  Territory  of  Montana,  during  the  war  with  the 
Perc6  Indians,  shall  be  paid  one  dollar  per  day  during  tl 
term  of  such  service,  from  the  time  that  he  left  his  hoi 
until  he  was  returned  thereto,  including  all  the  time  spei 
in  hospital  under  treatment  by  such  as  received  wounds 
other  injuries  in  such  service. 

SEC.  2.  That  all  persons  who  were  wounded  or  disabled 
in  such  service,  and  the  heirs  of  all  who  were  killed  in  sue! 
service,  shall  be  entitled  to  all  the  benefits  of  the  pension 
laws,  in  the  same  manner  and  to  the  same  extent  as  if  the# 
had  been  duly  mustered  into  the  regular  or  volunteer  forces 
of  the  United  States. 

SEC.  3.  That  all  horses  and  arms  lost  in  such  service  shai 
be  paid  for  at  their  actual  value,  to  be  duly  ascertained 
the  commanding  officer  of  the  district  of  Montana:  Provit 
That  no  payment  shall  be  made  for  such  losses  except  u] 
the  statement  of  the  commanding  officer  of  the  United  Stat 
troops,  or  such  other  officer  of  the  regular  Army  as  migl 
be  in  control  of  the  volunteers  at  the  time  of  such  loss,  ai 
such  other  proofs  as  may  be  required  by  the  commandii 
officer  and  the  United  States  quartermaster  for  the  distrh 
of  Montana,  to  establish  the  fact  that  such  losses  were  nit 
in  the  service  of  the  United  States. 

Approved,  March  3, 1881. 


Act  15  May,  AN  ACT  to  authorize  the  Secretary  of  War  to  fnmisli  certificates 
discharge  to  certain  members  of  the  Missouri  Home  Guards. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
°  "Discharges  tc  the  United  States  of  America  in  Congress  assembled,  That  the  j 
be  mauled  to  mem-  g^fe^y  of  ^yar  ke?  au(j  js  hereby,  authorized  and  directed 


LAWS   RELATING    TO   ARMY   AND    NAVY    PENSIONS.  151 

to  furnish,  upon  their  several  applications  therefor,  a  cer- 
tificate of  discharge  to  each  and  every  member  of  the  Mis- 
souri Home  Guards  whose  claims  for  pay  were  adjudicated 
by  the  Hawkins-Taylor  Commission,  under  the  act  approved 
March  twenty-five,  eighteen  hundred  and  sixty-two,  and 
the  several  acts  supplemental  thereto. 
Approved,  May  15,  1886. 


AN  ACT  for  the  relief  of  the  survivors  of  the  exploring  steamer  Jean-  18^ct  3  Jan 
nette,  and  the  widows  and  children  of  those  who  perished  in  the  — 
retreat  from  the  wreck  of  that  vessel  in  the  Arctic  Seas. 


SEC.  2.  That  the  twenty-third  day  of  March,  eigh teen  ofEate  of  decease 
hundred  and  eighty-two,  being  the  date  of  finding  the  re-  deemed  Mar.  23, 
mains  of  the  commanding  officer  and  others  of  the  said 
expedition,  shall  be  deemed  and  taken  to  be  the  date  of  the 
decease  of  the  following  named  officers  and  enlisted  men 
of  the  expedition,  who  lost  their  lives  in  the  retreat  from 
the  wreck  of  the  said  steamer  Jeannette,  namely :  Lieuten-    survivors  of 
ant- Commander  George  W.  DeLoug;  Lieutenant  Charles  steamer  Jean- 
W.  Chipp;  Passed  Assistant-Surgeon  James  M.  Ambler; 
Jerome  J.  Collins,  meteorologist;   William  Dunbar,  ice 
pilot;  Walter  Lee,  machinist;  Henrick  H.  Knack,  Carl  A. 
Gortz,  Adolph  Bressler,  Hans  H.  Erichsen,  Ah  Sam,  Alfred 
Sweetman,  Henry  D.  Warren,  Peter  E.  Johnson,  Edward 
Star,  and  Albert  G.  Kuehne,  seamen;   Nelson  Iverson, 
George  W.  Boyd,  and  Walter  Sharvill,  coal-heavers ;  and 
seaman  Alexy. 

SEC.  3.    *    *    *    Provided,  further.  That  in  any  case    Amount  herein 
where  heretofore  a  pension  has  been  granted,  or  may  here-  KSfi 
after  in  fact  be  granted,  to  any  such  widow,  child,  or  de- pe 
pendent  parent,  by  reason  of  the  death  of  any  of  the  persons 
named  in  the  second  section  of  this  act,  in  the  payment  of 
such  pension  account  shall  be  taken  of  any  sum  paid  under 
this  act,  and  to  the  extent  of  its  amount  said  sum  shall  be 
in  lieu  and  stead  of  such  pension,  and  no  further. 

Approved,  January  3,  1887. 


AN  ACT  for  the  relief  of  the  sufferers  by  the  wreck  of  the  United 
States  steamer  Ashuelot. 

SEC.  2.  That  the  widow,  child,  or  children,  or  in  the  case  ers 

there  be  not  such,  then  the  surviving  parent  or  parents  of  deceased  men. 
those  in  the  service  who  were  lost  in  the  wreck  of  the 
United  States  steamer  Ashuelot,  namely:  William  Gronan, 


152     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

seaman;  George  Valentine,  captain  of  the  bold;  Fritz 
Kackenbach,  quarter-master;  William  Bronsinan,  lands- 
man; Saint  Leger  Crone,  quarter-gunner;  Ah  Kid,  painter; 
Sun  Shing,  carpenter's  mate;  George  Ashton,  carpenter; 
Ah  Yoo,  landsman;  Andrew  Scotland,  private  marine;  and 
Benjamin  H.  Wohlrab,  landsman;  shall  be  entitled  to  and 
receive,  out  of  any  money  in  the  Treasury  of  the  United 
States  not  otherwise  appropriated,  as  follows,  to  wit:  The 
relatives  in  the  order  named,  of  the  persons  connected  with 
the  United  States  steamer  Ashuelot  hereinbefore  referred 
to,  a  sum  equal  to  twelve  months7  sea-pay  of  each  persoi 
Amount  to  be  lost:  Provided.  That  in  any  case  where  heretofore  a  pensio 

deducted  from 

has  been  granted,  or  may  hereafter  in  fact  be  granted, 
any  such  widow,  child,  or  dependent  parent  by  reason  oi 
the  death  of  any  of  the  persons  named  in  this  section^ 
in  the  payment  of  such  pension  account  shall  be  taken  ol 
any  sum  paid  as  above  provided,  and  to  the  extent  of  its 
account  said  sum  shall  be  in  lieu  and  stead  of  such  peusioi 
and  no  further:  *  *  * 
Approved,  January  29, 1887. 


Act   28   May,  AN  ACT  to  amend  section  forty-one  hundred  and  tliirty-oue  of  tli< 

1896' Revised  Statutes  of  the  United  States,  to  improve  the  merchanl 

marine  engineer  service  and  thereby  also  to  increase  the  efficient 
of  the  Naval  Reserve,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  oj 
shipping.       the  United  States  of  America  in  Congress  assembled,   * 

SEC.  2.  *  *  *  No  master,  mate,  pilot,  or  engineer  ol 
steam  vessels  licensed  under  title  fifty-two  of  the  Revisec 
Statutes  shall  be  liable  to  draft  in  time  of  war,  except  foi 
the  performance  of  duties  such  as  required  by  his  license; 
and,  while  performing  such  duties  in  the  service  of  th< 
United  States,  every  such  master,  mate,  pilot,  or  engineei 
shall  be  entitled  to  the  highest  rate  of  wages  paid  in  th< 
merchant  marine  of  the  United  States  for  similar  services; 
and,  if  killed  or  wounded  while  performing  such  duti< 
under  the  United  States,  they,  or  their  heirs,  or  their  legal 
representatives  shall  be  entitled  to  all  the  privileges  a< 
corded  to  soldiers  and  sailors  serving  in  the  Army  and 
Navy,  under  the  pension  laws  of  the  United  States. 
*  *  *  *  *  .  *  * 

Approved,  May  28,  1896. 


JLAWS  IN  FORCE  PROVIDING  ARTIFICIAL  LIMBS  AND  SURGICAL 

APPLIANCES. 


I  .  -I7S7.  Artificial  limbs,  etc.,  to  bo  furnisluMl 
every  five  years. 

I  .  4788.  Commutation  rates  in  money  value  for 
limbs,  etc. 

C.  4789.  Superseded  by  Sec.  1,  Act  August  15, 

1876. 

ct  August  15, 1876.  Regulating  the  issue  of  arti- 
ficial limbs  to  disabled  soldiers,  sea- 
men, and  others. 

C.  4790.  Money  commutation  to  those  who  can 
not  use  artificial  limbs. 


SEC.  4791.  Transportation  for  those  to  whom  arti- 
ficial limbs  are  furnished. 

Act  February  27,  1877.  Amending  Sec.  4791 ;  re- 
pealing Sec.  4770;  amending  Sees. 
4787, 4790,  and  4791. 

Act  March  3,  1891.  Amending  Sec.  4787,  Revised 
Statutes,  as  to  artificial  limbs. 

SEC.  1176.  Trusses. 

SEC.  1177.  Application  for  truss. 

SEC.  1178.  Purchase  of  truss. 


SEC.  4787.1  Every  officer,  soldier,  seaman,  and  marine  who  Artificial  limbs, 

*  etc.,   to    be    fur- 

jwas  disabled  during  the  war  for  the  suppression  of  the  re-  mshed  every  five 
jbellion,  in  the  military  or  naval  service,  and  in  the  line  of   Sec'u  27J 
jduty,  or  in  consequence  of  wounds  received  or  disease  con-  ISM;'  sec.  i,  17 
;  tracted  therein,  and  who  was  furnished  by  the  War  Depart-  so  June,  'i87o; 
Imeut,  since  the  seventeenth  day  of  June,  eighteen  hundred  June,  is??, 
land  seventy,  with  an  artificial  limb  or  apparatus  for  resec- 
tion, who  was  entitled  to  receive  such  limb  or  apparatus  ,  see  sec.  1177,  R. 
(since  said  date,  shall  be  entitled  to  receive  a  new  limb  or  imtf°'yi   Fe£| 

1877 

[apparatus  at  the  expiration  of  every  five  years  thereafter, 
[under  such  regulations  as  have  been  or  may  be  prescribed 
)y  the  Surgeon-General  of  the  Army. 

SEC.  4788.  Everv  person  entitled  to  the  benefits  of  the    Commutation 

rates   in   money 

receding  section  may,  if  he  so  elects,  receive,  instead  of  value  for 
such  limb  or  apparatus,  the  money  value  thereof,  at  the  — '- 

E,    •  »     -HI       ±-i  •  i  i  Sec- *' i 

following  rates,  namely:  For  artificial  legs,  seventy- fivemo;  sec.  i,  s 
dollars;  for  arms,  fifty  dollars;  for  feet,  fifty  dollars;  for  lsX  sec.  i,  15 
apparatus  for  resection,  fifty  dollars. 

SEC.  4789.  Superseded  by  section  1,  act  of  August  15, 1876. 


AN  ACT  to  regulate  the  issue  of  artificial  limbs  to  disabled  soldiers,     Act.  15  Aug., 
seamen,  and  others. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  o/47^e  f768c98-  JJJJ; 
the  United  States  of  America  in  Congress  assembled,  That4791' R>  s< 
every  officer,  soldier,  seaman  and  marine,  who,  in  the  line  of  Artificial nmbH. 
duty,  in  the  military  or  naval  service  of  the  United  States, 
shall  have  lost  a  limb,  or  sustained  bodily  injuries,  depriv- 


See  Acts  February  27,  1877,  p.  140,  and  March  3,  1891,  p.  141. 


153 


154     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

ing  him  of  the  use  of  any  of  his  limbs,  shall  receive  once 
every  five  years  an  artificial  limb  or  appliance,  or  commu- 
tation therefor,  as  provided  and  limited  by  existing  la^vs, 
under  such  regulations  as  the  Surgeon-General  of  the  Army 
may  prescribe;  and  the  period  of  five  years  shall  be  held 
to  commence  with  the  filing-  of  the  first  application  after  the 
seventeenth  day  of  June,  in  the  year  eighteen  hundred  and 
seventy. 

Transportation.     gEC<  2.  That  necessary  transportation  to  have  artificial 
limbs  fitted  shall  be  furnished  by  the  Quartermaster- Gei 
eral  of  the  Army,  the  cost  of  which  shall  be  refunded  01 
of  any  money  appropriated  for  the  purchase  of  artificij 
limbs:  Provided,  That  this  act  shall  not  be  subject  to  tl 
provisions  of  an  act  entitled  "An  act  to  increase  pensioi 
approved  June  eighteenth,  eighteen  hundred  and  seveiil 
four. 
Approved,  August  15,  1876. 


SEC.  4790.  Every  person  in  the  military  or  naval  servi< 
who  lost  a  limb  during  the  war  of  the  rebellion,  but  froi 

the  nature  of  his  injury  is  not  able  to  use  an  artificial  liml 

1870,'  sec.  i,  s  shall  be  entitled  to  the  benefits  of  section  forty-seven  hu 

June,   1872.    See  -.       -,-,.,..•,. 

Sec.  i,  15  Aug.,  dred  and  eighty-eight,  and  shall  receive  inoney-cominu 

1876;  act  27 Feb.,  ,.  ,,  .  ,     , 

1877.  tiou  as  therein  provided. 

SEC.  4791.  The  Secretary  of  War  is  authorized  and  di- 
1  to  rected  to  furnish  to  the  persons  embraced  by  the  provisions 
of  section  forty-seven  hundred  and  eighty-seven  transporta- 
Di8hed-  tion  to  and  from  their  homes  and  the  place  where  they 

Act  28  July,  be  required  to  go  to  obtain  artificial  limbs  provided  for  the 
j™;,  i8?2.  2see  under  authority  of  law. 

sec.  2,   15  Aug.,  1876;  act 27 Feb.,  1877. 

The  above  section  amended  by  the  following  Act: 
Act  27  Feb.,  AN  ACT  to  perfect  the  revision  of  the  statutes  of  the  United  Stat 

1877 

and  of  the  statutes  relating  to  the  District  of  Columbia. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
the  United  States  of  America  in  Congress  assembled,  Th{ 
for  the  purpose  of  correcting  errors  and  supplying  oniissioi 
in  the  act  entitled  "  An  act  to  revise  and  consolidate  tl 
statutes  of  the  United  States  in  force  on  the  first  day 
December,  anno  Domini  one  thousand  eight  hundred  an< 
seventy  three,"  so  as  to  make  the.  same  truly  express  suclf 
laws,  the  following  amendments  are  hereby  made  therein: 


. 


4770   re-     Section  forty-  se  ven  hundred  and  seventy  is  struck  out 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS.  155 


Section  forty-seven  hundred  and  eighty-seven  is  amended  au^0®J;d  4  7  8  7 
by  adding  at  the  end  of  the  section  the  following: 

"The  provisions  of  this  section  shall  apply  to  all  officers, 
non-commissioned  officers,  enlisted  and  hired  men  of  the 
land  and  naval  forces  of  the  United  States,  who,  in  the  line 
of  their  duty  as  such,  shall  have  lost  limbs  or  sustained 
bodily  injuries  depriving  them  of  the  use  of  any  of  their 
limbs,  to  be  determined  by  the  Surgeon-General  of  the 
Army:  and  the  term  of  five  years  herein  specified  shall  be  see  sees.  4788, 

?  4789    4790     4791 

held  to  commence  in  each  case  with  the  filing  of  the  appli-  B.  s. 
cation  for  the  benefits  of  this  section." 

Section  forty-seven  hundred  and  ninety  is  amended  by 
inserting,  in  the  second  line,  after  the  word  "  rebellion"  the 
words  "  or  is  entitled  to  the  benefits  of  section  forty-seven 
hundred  and  eighty-seven." 

Section  forty-seven  hundred  and  ninety-one  is  amended 
by  adding  at  the  end  of  the  section  the  following: 

"The  transportation  allowed  for  having  artificial  limbs 
fitted  shall  be  furnished  by  the  Quartermaster-General  of 
the  Army,  the  cost  of  which  shall  be  refunded  from  the  ap- 

propriations for  invalid  pensions." 

##***## 

Approved,  February  27,  1877. 


AN  ACT  to  amend  section  forty-seven  hundred  and  eighty-seven  of  the     Act.    3    Mar., 
Revised  Statutes  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
section  forty-seven  hundred  and  eighty-seven  of  the  Ee-  Artificial  limb. 
vised  Statutes  of  the  United  States  be  amended  by  strik- 
ing out  the  word  "five"  where  it  occurs  therein,  and  insert- 
ing in  lieu  thereof  the  word  "three"  so  that  when  amended 
said  section  will  read  as  follows:  Every  officer,  soldier, 
seaman,  and  marine  who  was  disabled  during  the  war  for 
the  suppression  of  the  rebellion,  in  the  military  or  naval 
service,  and  in  the  line  of  duty,  or  in  consequence  of  wounds 
received  or  disease  contracted  therein,  and  who  was  fur- 
nished by  the  War  Department  since  the  seventeenth  day 
of  June,  eighteen  hundred  and  seventy,  with  an  artificial 
limb  or  apparatus  for  resection  who  was  entitled  to  receive 
such  limb  or  apparatus  since  said  date,  shall  be  entitled  to 
receive  a  new  limb  or  apparatus  at  the  expiration  of  every 
three  years  thereafter,  under  such  regulations  as  have  been 
or  may  be  prescribed  by  the  Surgeon-General  of  the  Army. 

Approved,  March  3,  1891. 


156 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 


Application  for 
truss. 


Trusses.  gEC.  1176.  Every  soldier  of  the  Union  Army  who  was 

ruptured  while  in  the  line  of  duty  during  the  war  for  the 
suppression  of  the  rebellion,  is  entitled  to  receive  a  single 
or  double  truss,  of  such  style  as  may  be  designated  by  the 
Surgeon-General,  as  best  suited  for  his  disability. 

SEC.  1177.  Application  for  such  truss  shall  be  made  by 
the  ruptured  soldier  to  an  examining  surgeon  for  pensions, 
whose  duty  it  shall  be  to  examine  the  applicant,  and  when 
found  to  have  a  ruptured  hernia  to  prepare  and  forward  to 
the  Surgeon -General  an  application  for  such  truss  without 
charge  to  the  soldier. 

Purchase  of  SEC.  1178.  The  Surgeon-General  is  authorized  and  di- 
rected  to  purchase  the  trusses  required  for  such  soldiers,  at 
wholesale  prices,  and  the  cost  of  the  same  shall  be  paid, 
upon  the  requisition  of  the  Surgeon- General,  out  of  any 
moneys  iu  the  Treasury  not  otherwise  appropriated. 


RULES  OF  PRACTICE 


BEFORE  THE 


COMMISSIONER  OF  PENSIONS. 


157 


ICLES  OF  PRACTICE  IN  APPEALED  CLAIMS  BEFORE  THE 
SECRETARY  OF  THE  INTERIOR  RELATING  TO  PENSION  AND 
BOUNTY  LAND. 


RULE    1. 

An  appeal  will  lie  to  the  Secretary  of  the  luterior  from  the  filial 
iCtion  or  order  of  the  Commissioner  of  Pensions  in  all  cases  relating 
o  pension  or  bounty  lands,  and  each  claim  so  appealed  must  be  accom- 
anied  by  its  separate  appeal. 

RULE  2. 

The  appeal  must  be  filed  with  the  Secretary  and  should  point  out, 
pecifically,  the  mistake,  or  error  of  fact  or  of  law  in  the  decision,  judg- 
lent,  or  order  complained  of. 

KULE  3. 

An  appeal  in  a  pension  case  will  not  be  entertained  until  applicant 
as  filed  all  attainable  evidence  and  obtained  the  decision  of  the 
Jureau  of  Pensions  thereon;  and  new  and  material  evidence  relative 
the  ground  of  rejection,  filed  subsequent  to  such  action,  will  not  be 
onsidered  by  the  Secretary  until  the  same  has  been  passed  upon  by 
he  Bureau  of  Pensions. 

RULE  4. 

All  additional  evidence  filed,  with  a  view  to  the  reopening  of  a 
ejected  pension  claim,  must  be  filed  in  the  Bureau  of  Pensions,  and 
lust  finally  be  passed  upon  by  the  Commissioner  of  Pensions  before 
n  appeal  based  thereon  will  be  entertained. 

RULE  5. 

Upon  reference  to  the  Bureau  of  Pensions  of  an  appeal,  that  Bureau 
ll  make  a  report  thereon  showing  particularly  the  action  taken,  the 

round  upon  which  based,  and  the  dates  of  such  action,  and  the  attor- 

ey  who  is  entitled  to  recognition. 

159 


160     LAWS  RELATING  TO  AKMY  AND  NAVY  PENSIONS. 

EULE  6. 

A  report  upon  an  appeal   involving  a  medical  question  must    be 
accompanied  by  an  opinion  of  the  medical  referet,  tbereon. 

KULE  7. 

An  appeal  from  tbe  action  of  tbe  Bureau  of  Pensions  refusing  t< 
recognize  fee  agreements  or  a  power  of  attorney,  or  to  pay  a  fee  txj 
appellant  should  be  based  upon  the  reasons  assigned  by  said  Bureai 
for  its  action,  and  should  set  forth  the  grounds  of  the  complain! 
referring  to  the  rules  of  practice  by  which  it  is  believed  the  complaint 
is  sustained. 

EULE  8. 

An  appeal  taken  on  behalf  of  a  claimant,  by  or  through  a  suspend^ 
or  disbarred  attorney,  will  not  be  entertained. 

EULE  9. 

No  appeal  pertaining  to  the  allowance  of  fee,  where  refundment  hi 
been  called  for,  will  be  entertained,  unless  refundment,  as  requi] 
shall  have  been  made. 

EULE  10. 

Hereafter  more  than  one  motion  for  reconsideration  of  a  decisioi 
adverse  to  a  claim  will  not  be  entertained  by  the  Department  of  tl 
Interior,  except  when  the  motion  discloses  that  some  material  featui 
of  the  case  has  not  been  considered  in  the  decision  or  that  some  init 
take  of  law  or  of  fact  was  committed. 

EULE  11. 

An  appeal  by  an  attorney  will  not  be  entertained,  unless  he  has  fil< 
a  duly  executed  power  of  attorney  for  this  purpose  from  the  claimant 
or  is  entitled  under  the  rules  to  recognition. 


EULE  12. 


I 


When  an  appeal  to  the  Secretary  of  the  Interior  from  the  rejecti 
of  a  claim  for  pension  is  filed,  and  upon  examination  of  the  case  at  the] 
Bureau  of  Pensions  it  is  found  that  the  claim  should  be  opened  fo: 
further  action,  the  Department  must  be  informed  of  that  fact  and  th 
appeal  will  be  dismissed  by  the  Secretary. 

EULE  13. 

The  filing  of  an  appeal  in  any  case  shall  operate  to  suspend  action 
the  Bureau  of  Pensions  until  the  appeal  has  been  disposed  of,  or  otlu 
order  made  by  the  Secretary.    Except  where  a  claim  is  filed  under  tl 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     161 

act  of  June  27,  1890,  and  an  appeal  is  pending  before  the  Secretary 
upon  a  claim  under  the  general  law,  all  papers  may  be,  in  the  discretion 
of  the  Secretary,  returned  to  the  Commissioner,  that  the  new  claim  may 
be  adjudicated,  after  which  the  same  will  be  retransmitted  to  the  Sec- 
retary, that  the  appeal  may  be  decided. 

WEBSTER  DAVIS, 
Approved:  Assistant  Secretary. 

E.  A.  HITCHCOCK,  Secretary. 
MAY  5,  1899. 


Amendments  to  Eules  of  Practice  in  Appeal  Cases  before  the  Secre- 
tary of  the  Interior. 

RULE  14. 

Appeals  from  Bureau  action  in  cases  under  the  first,  second,  and 
third  provisos  of  the  act  of  March  3,  1899,  should  be  accompanied  by 
due  proof  of  service  of  a  copy  of  the  appeal  upon  the  appellee  or  his  or 
her  attorney  of  record. 

Proof  of  service  must  be  such  as  will  satisfy  the  Department  that  the 
appellee  has  been  informed  of  the  appeal  and  the  contents  thereof  and 
may  consist  of,  first,  a  written  acceptance  of  service  by  the  appellee  or 
his  or  her  attorney  of  record;  or  second,  a  postal  registry  return  receipt 
card,  signed  by  appellee  or  attorney  of  record,  accompanied  by  an 
affidavit,  showing  that  on  a  certain  date  a  copy  of  the  appeal  was 
mailed  in  a  registered  letter,  postpaid,  to  the  appellee  or  the  attorney 
of  record,  addressed  to  a  certain  post-office,  naming  it,  that  the  card 
was  returned  in  acknowledgment  of  the  receipt  of  such  letter;  or  third, 
an  affidavit,  showing  that  on  a  certain  day  and  at  a  certain  place  a 
copy  of  the  appeal  was  personally  delivered  to  the  appellee  or  his  or  her 
attorney  of  record. 

Appeals,  in  this  class  of  cases,  unaccompanied  by  due  proof  of  service 
or  a  satisfactory  reason  why  personal  service  can  not  be  made,  will  not 
be  filed,  docketed,  or  considered,  but  will  be  promptly  returned  to  the 
appellant,  or  his  or  her  attorney  of  record  for  compliance  with  this  rule. 

KULE  15. 

Appeals  from  Bureau  action  in  cases  under  the  first,  second,  and 
third  provisos  of  the  act  of  March  3,  1899,  when  accompanied  by  due 
proof  of  service  of  a  copy  thereof  upon  the  appellee,  will  be  tiled,  dock- 
eted, and  numbered,  and  the  Bureau  of  Pensions,  the  appellant,  and 
appellee  promptly  notified  thereof.  The  appeal  will  operate  to  suspend 
further  payment  of  the  one-half  pension  in  controversy,  until  a  decision 
shall  have  been  rendered  therein  by  the  Department,  and  the  appellee 
will  be  allowed  thirty  days  from  the  date  of  filing  and  docketing  the 
appeal  in  which  to  file  an  answer,  brief,  or  argument,  in  opposition  to 
the  appeal,  or  in  support  of  the  Bureau  action  appealed  from. 

F.  L.  CAMPBELL, 
Approved :  Assistant  Secretary. 

E.  A.  HITCHCOCK,  Secretary. 
NOVEMBER  2, 1901. 
5323 11 


162     LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

• 

EULE  16. 

Upon  the  adjudication  of  a  claim  for  division  of  pension  under  the 
act  of  March  3,  1899,  in  the  Bureau  of  Pensions,  both  parties  will  be 
promptly  notified  by  the  Bureau,  by  registered  letter,  of  the  action 
taken.  Either  party  will  be  allowed  thirty  days  from  receipt  of  said 
notice  to  appeal  from  said  action;  the  appeal  to  be  accompanied  by  due 
proof  of  service  of  a  copy  thereof  upon  the  appellee,  as  required  by 
Rule  14  of  Practice,  approved  November  2, 1901.  Unless  such  Bureau 
action  is  appealed  from  within  thirty  days  from  receipt  of  said  notice, 
the  Bureau  action  shall  be  deemed  to  be  final,  to  the  extent  that  all; 
payments  or  division  of  pension  in  accordance  with  such  Bureau  action 
will  not,  in  the  absence  of  fraud,  or  mistake  of  fact,  be  disturbed. 

F.  L.  CAMPBELL, 

Assistant  Secretary. 
Approved  : 

E.  A.  HITCHCOCK, 

Secretary. 
MAY  6,  1902. 

ATTORNEYS— RULES  OF  PRACTICE  BEFORE  THE  COMMIT 
SIONER  OF  PENSIONS. 

RULE  1. 

A  person  appearing  of  record  in  this  office  as  having  complied  with 
the  requirements  of  the  regulations  precribed  by  the  Secretary  of  the] 
Interior  for  the  recognition  of  attorneys  or  agents  for  claimants  befoi 
the  Department  of  the  Interior  will  be  held  authorized  to  prosecnt 
any  claim  for. pension  on  filing  a  power  of  attorney  from  the  claimant 

RULE  2. 

The  written  consent  of  a  claimant  is  declared  essential  to  a  vali( 
assignment  of  an  attorneyship  or  agency  from  one  attorney  or  ageutl 
to  another;  and  the  assignee  shall  file  in  each  and  every  claim  coveredj 
by  the  assignment  the  consent  herein  provided  for,  as  well  as  a  schedi 
of  all  claims  assigned,  which  schedule  shall  set  out  the  name  of  claimai 
regiment,  company,  number  of  claim,  and  the  character  thereof. 

RULE  3. 

No  attorney  or  agent  shall  have  power  to  make  a  valid  assignm< 
of  any  claim  in  which  he  has  been  recognized  for  the  purpose  of  prose 
cuting  the  same,  even  with  the  written  consent  of  claimant,  except 
be  at  the  time  of  such  assignment  and  of  the  consent  in  good  standing 
as  a  practitioner  before  this  office. 

RULE  4. 

No  power  of  attorney  purporting  to  be  executed  by  a  claimant  will 
be  recognized  as  a  good  and  valid  authority  unless  the  same  be  signed 
in  the  presence  of  two  witnesses  and  acknowledged  before  an  office 
duly  authorized  to  administer  oaths  for  general  purposes,  whose  offi< 
character  is  certified  under  seal. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  163 

RULE  5. 

No  fee  contracts  filed  under  the  act  of  July  4, 1884,  will  be  recognized 
as  valid,  or  payment  of  fees  made  thereunder,  unless  the  signature  of 
claimant  to  the  contract  is  witnessed  by  two  attesting  witnesses,  and 
claimant's  acknowledgment  thereto  is  before  some  officer  duly  authorized 
to  administer  oaths  for  general  purposes,  whose  official  signature  must 
be  certified  under  seal.  (Commissioner's  ruling  in  re  Beller,  October 
21,  1885.) 

RULE  6. 

Articles  of  agreement  in  claims  for  bounty  land  will  be  filed  in 
duplicate,  and  when  the  claim  shall  have  been  allowed  and  the 
bounty  land  warrant  issued,  one  approved  copy  of  said  agreement  will 
be  forwarded  to  the  attorney  of  record  and  the  other  preserved  with 
the  record  of  the  claim.  The  bounty  land  warrant  will  be  forwarded 
direct  to  the  party  entitled  to  the  possession  thereof. 

RULE  7. 

When  an  attorney  or  agent  is  disbarred  pending  the  adjudication 
of  a  claim,  and,  while  such  disbarment  is  in  force,  the  claim  is  adjudi- 
cated and  the  certificate  issued,  and  by  reason  of  such  disbarment  no 
fee  is  certified,  and  thereafter  said  attorney  or  agent  is  restored  to 
practice,  and  claimant  has  not  by  reason  of  such  disbarment  canceled 
or  revoked  the  authority  theretofore  existing,  upon  such  restoration  as 
aforesaid  the  lawful  fee  will  be  certified  and  paid  to  him. 

RULE  8. 

When  a  claimant,  pending  the  disbarment  of  his  attorney  of  record, 
employs  another  attorney,  who  prosecutes  the  claim  to  final  adjudica- 
tion, no  fee  will  be  certified  the  disbarred  attorney  upon  his  restoration 
to  practice,  but  his  disbarment  will  operate  as  an  estoppel  to  bar  any 
claim  for  fee. 

RULE  9. 

A  fee  will  not  be  allowed  to  a  guardian  who  prosecutes  the  claim  of 
his  wardj  nor  to  a  firm  of  attorneys  of  which  the  guardian  is  a  member. 

RULE  10. 

When  an  attorney  or  agent  is  called  upon  by  this  office  to  furnish 
evidence  in  any  claim,  he  will  be  allowed  ninety  days  to  furnish  such 
evidence  or  give  reasons  why  he  fails  to  do  so:  Provided  always, 
That  before  such  attorney  is  dropped  or  another  attorney  recognized, 
at  any  time  within  one  year,  he  shall  be  given  thirty  days'  notice  to 
show  cause  why  he  is  not  guilty  of  laches.  In  the  event  that  such 
answer  be  not  filed  within  thirty  days  from  the  mailing  of  such  notice, 


164  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

or  if  the  said  answer  to  said  notice  shall  be  held  by  the  Commissioner 
to  be  insufficient,  claimant  will  be  notified  of  such  failure  either  to  file 
the  evidence  called  for  or  show  cause  why  it  is  not  filed,  and  may  file 
the  same,  either  himself  or  by  such  other  attorney  as  he  may  elect  j  and 
upon  the  recognition  of  such  other  attorney  the  former  attorney  or 
agent  will  be  estopped  from  claiming  any  fee. 

RULE  11. 

To  call  up  a  case  will  not  per  se  be  held  a  substantial  compliance  with 
any  specific  requirement  of  this  office.  (Commissioner's  ruling  in  re 
George  L.  Waggoner,  October  19, 1885.) 

EULE  12. 

Attorneys  will  be  required  to  exercise  due  diligence  in  all  cases 
which  they  are  recognized  as  attorneys  of  record.    Neglect  to  prosecul 
a  claim  for  one  year  will  be  held,  in  default  of  cause  shown  therefc 
conclusive  evidence  of  abandonment  of  a  claim  by  an  attorney,  ai 
claimant  will  be  so  informed.     (Commissioner's  ruling  in  re  George 
Waggoner,  October  19, 1885.) 

RULE  13. 

Upon  the  rejection  of  a  claim  for  pension,  or  bounty  land,  the  duly  I 
constituted  attorney  of  record  shall  be  notified  of  such  rejection  and] 
the  reason  therefor,  and  shall  be  allowed  ninety  days  from  the  date 
such  notice  in  which  to  file  a  motion  for  reconsideration,  sustained  byl 
material  evidence,  or  to  enter  an  appeal  to  the  Secretary  of  the  Inte- 
rior, in  default  of  which  he  shall  be  held  to  have  abandoned  the  case, 
and  the  claimant  may  employ  any  other  duly  qualified  attorney  to  fur-j 
ther  prosecute  the  claim. 

RULE  14. 

No  claims  pending  in  this  Bureau  will  be  considered  out  of  the  rej 
lar  order  of  business  upon  the  request  of  attorneys  or  agents  or  ai 
other  person  whomsoever,  except  for  good  cause  shown  and  upon 
order  of  the  Commissioner  of  Pensions. 

RULE  15. 

From  and  after  the  1st  day  of  January,  A.  D.  1886,  all  pension  agenl 
where  claimants  allege  payment  by  them  of  any  sum  or  sums  to  theiri] 
attorney  of  record  shall  request  said  claimants  to  make  affidavit  to  tl 
amount  of  payment,  the  date  of  payment,  under  what  certificate  made,! 
and,  as  far  as  may  be  in  their  recollection,  how  such  payment  was  made;|l 
and  that  the  said  affidavit  shall  be  in  manner  and  form  substantial 
as  Drovided  by  order  No.  124,  under  date  of  December  3, 1885. 


LAWS    RELATING    TO    ARMY   AND    NAVY    PENSIONS.  165 

BULB  16. 

Each  and  every  affidavit  shall  be  executed  in  duplicate,  one  to  be 
retained  by  the  pension  agent  as  his  voucher  and  authority  in  the 
premises  for  deducting  the  amount  sworn  to  have  been  paid,  and  the 
duplicate  thereof  to  be  promptly  forwarded  to  the  Commissioner  of 
jPensious  for  tiling  with  the  record  in  the  claim  wherein  such  affidavit 
(purports  to  be  made. 

RULE  17. 

Where  claimant  can  not  make  such  affidavit  as  is  herein  prescribed 
land  set  forth  with  reasonable  certainty,  the  pension  agent  shall  pay 
jthe  fee  certified  by  the  Commissioner  of  Pensions  or  called  for  by  the 
agreements  without  deduction :  Provided,  That  if,  in  the  opinion  of 
16  pension  agent,  reasonable  doubt  exists  as  to  the  fact  of  said  pay- 
it  and  yet  the  said  claimant  be  unable  to  make  such  affidavit  as 
irein  prescribed,  said  agent  shall  certify  said  case  to  the  Commissioner 
Pensions  for  his  consideration  and  decision.     (See  sec.  4784,  R.  S.) 

RULE  18. 

Every  attorney,  agent,  or  other  person  recognized  by  this  Depart- 
KM it  as  entitled  to  practice  before  it,  or  before  the  Commissioner  of 
(Pensions  in  prosecuting  claims  for  pensions,  shall  cause  to  be  filed  with 
ie  Commissioner  of  Pensions,  not  less  than  ten  days  before  the  same 
(are  issued  for  general  circulation,  copies  of  all  circular  letters  intended 
id  framed  to  solicit  business  before  the  Commissioner  of  Pensions, 
if  at  the  end  of  ten  days  from  filing  the  same  such  circular  letters 
[are  not  disapproved,  and  notice  thereof  furnished  the  person  filing  the 
(same,  they  shall  be  held  prima  facie  to  be  in  manner  and  form  approved. 

RULE  19. 

Claims  for  increase  of  pensions  shall  not  be  considered  or  held  as 
laims  pending  within  the  prohibition  of  section  190,  Revised  Statutes 
>f  the  United  States.     (Secretary's  decision  on  the  appeal  of  Luther 
[arrison,  October  6,  1885;  Commissioner's  ruling  in  re  Deloss  E.  Top- 
ping, November  20,  1885.) 

RULE  20. 

Appeals  by  attorneys  or  agents  to  the  Secretary  of  the  Interior  in 
msion  and  bounty-land  cases  will  not  be  considered  unless  the  Com- 
lissioner  of  Pensions  has  taken  final  action  upon  the  question  to  which 
ley  relate.  Such  appeals  must  be  addressed  to  the  Secretary  of  the 
iterior,  and  must  set  forth  the  specific  errors  of  law  or  of  fact  upon 
rhich  they  are  based.  Appeals  which  do  not  conform  to  the  above 
luirements  will  be  dismissed  as  informal. 


166    LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 

RULE  21. 

Every  attorney,  agent,  or  other  person  recognized  by  this  Depart- 
ment as  entitled  to  practice  before  it  or  before  the  Commissioner  of 
Pensions  in  prosecuting  claims  for  pension  shall  be  required  to  use  due 
diligence  in  the  prosecution  of  said  claims,  and  any  attorney,  agent,  or 
other  person  who  shall,  directly  or  indirectly,  request  of  any  United 
States  Government  official  or  representative,  other  than  those  whose 
duty  it  is  under  the  law  to  supervise  and  administer  the  laws,  rules, 
and  regulations  governing  the  granting  of  army  and  navy  pensions, 
aid  or  assistance  in  the  prosecution  of  a  pension  claim,  or  who  shall, 
directly  or  indirectly,  request  or  advise  a  claimant  to  seek  such  aid  in 
the  prosecution  of  a  pension  claim,  shall  be  held  to  have  abandoned 
the  claim  as  attorney  and  shall  thereby  forfeit  his  attorneyship  in  such 
claim. 

RULE  22. 

Every  attorney,  agent,  or  other  person  recognized  by  this  Depart- 
ment as  entitled  to  practice  before  it  or  before  the  Commissioner  of 
Pensions  in  prosecuting  claims  for  pension  who  shall  violate  the  pi 
visions  of  Rule  21,  promulgated  on  the  same  date  as  this  rule,  shall 
held  to  be  incompetent  to  prosecute  claims  before  the  Bureau  of  Pei 
sions  within  the  meaning  of  section  5  of  the  act  of  July  4,  1884,  and 
shall  thereby  subject  himself  to  suspension  or  exclusion  from  practice 
before  the  Commissioner  of  Pensions. 

RULE  23. 

All  rules  and  orders  inconsistent  with  the  foregoing  are  hereby 
abrogated. 

H.  CLAY  EVANS, 

Commissioner. 
Approved. 

E.  A.  HITCHCOCK, 

Secretary. 
DEPARTMENT  OF  THE  INTERIOR,  May  11, 1899. 


REGULATIONS 


RELATING   TO 


ARMY  AND  NAVY  PENSIONS 


FOR   THE   GUIDANCE   OF 


CLAIMANTS    AND    ATTORNEYS. 


167 


REGULATIONS. 


An  observance  of  the  following  instructions  will  generally  enable  a  claim- 
to  intelligibly  present  his  claim  for  pension  to  the  Commissioner  of 
ms  for  settlement. 

Declarations  and  Evidence. 

All  declarations  and  evidence  must  be  executed  in  accordance  with 
|-jhe  provisions  of  the  act  of  Congress  approved  July  26,  1892. 

Invalid. 

Blank  forms  for  a  declaration  will  be  furnished  to  claimants  upon 
ipplication  therefor,  but  will  not  be  furnished  to  attorneys  and  claim 
igents. 

The  declaration  should  set  forth  the  company  and  regiment  in  which 
the  applicant-  served,  the  name  of  the  commanding  officer  of  the  com- 
pany or  organization,  and  the  dates  of  enlistment  and  discharge.  In 
Navy  cases  the  vessel  upon  which  claimant  served  should  be  stated. 
|lf  the  claim  is  made  on  account  of  a  wound  or.  injury,  the  declaration 
should  set  forth  the  nature  and  locality  of  the  wound  or  injury,  the 
time  when,  the  place  where,  and  the  circumstances  under  which  it  was 
iived,  and  the  duty  upon  which  the  applicant  was  engaged. 

If  the  wound  or  injury  was  accidental,  the  applicant  should  state 
whether  it  happened  through  his  own  agency  or  that  of  other  persons, 

id  he  should  minutely  detail  the  circumstances  under  which  it  was 

jeived. 

If  the  claim  is  made  on  account  of  disability  from  disease,  the  appli- 

mt  should  state  in  his  declaration  when  the  disease  first  appeared, 
place  where  he  was  when  it  appeared,  and  the  duty  upon  which  he 
at  the  time  engaged.  He  should  also  detail  the  circumstances  of 

:posure  to  the  causes  which,  in  his  opinion,  produced  the  disease. 

rhether  the  application  be  made  on  account  of  disability  from  injury 
>r  disease  the  claimant  should  state  the  names,  numbers,  and  localities 
)f  all  hospitals  in  which  he  received  medical  or  surgical  treatment,  giv- 

ig  the  dates  of  his  admission  thereto  as  correctly  as  he  may  be  able. 

The  applicant  should  state  whether  he  was  in  the  military  or  naval 
(service  prior  to  or  after  the  term  of  service  in  which  his  disability 

'iginated. 

The  applicant  should  state  his  post-office  address.    In  cities,  the  street 

id  number  of  his  residence  should  be  given. 


170 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS. 


The  identity  of  the  applicant  must  be  shown  by  the  testimony  of  two 
credible  witnesses,  who  must  appear  with  him  before  the  officer  by  whom 
the  declaration  may  be  taken. 

Nature  of  the  Evidence  required  to  sustain  a  Claim  for  Invalid  Pension. 

As  soon  as  practicable  after  the  receipt  of  a  claim  for  pension,  appli- 
cation will  be  made  by  this  office,  in  Army  cases,  to  the  Adjutant- 
General  and  the  Surgeon-General  of  the  Army,  for  a  report  of  the  appli- 
cant's service  and  evidence  in  regard  to  the  disability  alleged  which 
may  appear  upon  the  rolls  and  other  records  in  the  possession  of  those 
officers.  In  Navy  cases  application  for  such  evidence  will  be  made  to 
the  proper  Bureaus  of  the  Navy  Department. 

When  the  records  of  the  War  or  Navy  Department  do  not  furnish 
satisfactory  evidence  that  the  disability  on  account  of  which  the  claim 
is  made  originated  in  the  service  of  the  United  States  and  in  the  line  of 
duty,  the  claimant  will  be  required  to  furnish  such  evidence,  in  accord- 
ance with  the  instructions  hereinafter  given,  compliance  with  whicl 
must  be  full  and  definite;  and  if  the  disability  results  from  a  wound 
other  injury,  the  nature  and  location  of  the  wound  or  injury,  the  tirn< 
when,  the  place  where,  and  the  manner  in  which  it  was  received,  wheth< 
in  battle  or  otherwise,  should  be  shown  by  the  affidavit  of  some  one  whc 
was  a  commissioned  officer  and  had  personal  knowledge  of  the  facts. 

If  the  person  called  upon  to  give  evidence  is  still  in  the  service  as 
commissioned  officer,  his  certificate  will  be  accepted  in  lieu  of  his 
davit. 

If  there  is  no  record  df  the  disability  claimed,  the  applicant  will  be 
called  on  to  furnish  the  testimony  of  the  surgeon  by  whom  he  was 
treated,  showing  the  location  and  nature  of  the  wound  or  injury  and 
the  circumstances  under  which  it  was  received.  If  the  disability  arises 
from  disease,  the  testimony  of  the  person  who  was  surgeon  or  assistant 
surgeon  of  the  regiment  to  which  the  applicant  belonged,  or  the  vessel 
on  which  he  served,  should,  if  possible,  be  furnished,  showing  the  name 
or  nature  of  the  disease,  the  time  when,  the  place  where  it  was  coi 
tracted,  and  the  circumstances  of  exposure  to  the  causes  which,  in  hi 
opinion,  produced  the  same. 

The  surgeon  should  state  whether,  in  his  opinion,  the  habits  of 
applicant  had  any  agency  in  the  production  of  the  disease. 

In  any  claim,  whether  made  on  account  of  injury  or  disease,  if  it 
shown  that  the  testimony  of  a  surgeon,  assistant  surgeon,  or  other  coi 
missioned  officer  cannot  be  produced  as  evidence  of  the  origin  of  tl 
disability  alleged,  the  testimony  of  other  persons  having  personal  know! 
edge  of  the  facts  will  be  considered. 

In  a  claim  on  account  of  disability  from  disease,  he  must  furnish  the 
testimony  of  the  physicians  who  have  attended  him  since  the  date  of 
discharge,  explicitly  setting  forth  the  history  of  the  disease  and  disa- 
bility since  its  first  appearance.  It  is  especially  important  that  the 
physician  who  first  attended  the  applicant  after  his  discharge  should 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  171 

,ate  the  date  at  which  his  attendance  commenced  and  his  condition  at 
tat  time.  If  it  should  not  be  possible  for  the  applicant  to  show  the 
mdition  of  his  health  during  the  whole  period  since  the  date  of  his 
ischarge  by  the  testimony  of  physicians,  the  cause  of  his  inability  to 
3  so  should  be  stated  by  him  under  oath.  The  testimony  of  other  per- 
ms on  this  point  may  then  be  presented.  The  statement  of  the  wit- 
esses  in  regard  to  the  manner  in  which  the  applicant  was  affected 
lould  be  full  and  definite,  and  they  should  state  how  they  obtained  a 
Qowledge  of  the  facts  stated  by  them. 

Claims  for  Increase  of  Invalid  Pensions. 

A  pensioner  who  may  deem  himself  entitled  to  an  increase  of  pension 
lould  file  a  declaration  setting  forth  the  ground  upon  which  he  claims 

ich  increase. 

Claims  for  Renewal  of  Pensions. 

Applications  for  renewal  of  pension  must  be  made  to  the  Coinmis- 
oner  by  a  declaration  executed  as  in  original  claims,  setting  forth  that 
le  cause  for  which  pension  was  allowed  still  continues. 

In  cases  of  unclaimed  pensions,  evidence  must  be  filed  satisfactorily 
ccounting  for  the  failure  to  claim  such  pension;  and,  in  invalid  claims, 
edical  evidence  showing  the  continuance  of  the  disability. 

Blank  forms  of  declaration  will  be  furnished  by  this  office  at  the 
squest  of  the  claimant,  but  will  not  be  furnished  to  agents  or  attorneys. 

Claims  of  Widows  and  Children. 

THE   DECLARATION. 

The  blank  form  of  declaration,  with  the  accompanying  notes,  which 
;  furnished  by  this  office  upon  the  request  of  a  claimant,  sufficiently 
idicates  the  facts  which  should  be  stated  by  the  widow  or  guardian. 

EVIDENCE. 

The  facts  relating  to  the  cause  of  the  soldier's  death  on  account  of 
rhom  the  pension  is  claimed,  including  his  last  illness  and  date  and 
lace  of  death,  should  be  set  forth  fully  and  in  detail,  and  should  be 
roven  by  the  physicians  who  attended  him  during  his  illness;  but 
rhen  that  is  impossible,  the  testimony  of  other  persons  who  are  ac- 
uainted  with  the  circumstances  may  be  furnished. 

PROOF  OF  MARRIAGE  IN  WIDOWS7  CLAIMS. 

The  marriage  of  the  applicant  to  the  person  on  account  of  whose 
ervice  and  death  the  claim  is  made  should  be  shown — 

(1)  By  a  duly  verified  copy  of  a  church  or  other  public  record;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  officiated ;  or 

(3)  By  the  testimony  of  two  or  more  eye  witnesses  to  the  ceremony ;  or 

(4)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of  the 
hildren;  or 


172  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

(5)  By  the  testimony  of  two  or  more  witnesses  who  know  that  thefj 
parties  lived  together  as  husband  and  wife,  and  who  will  state  how  long, , 
within  their  knowledge,  such  cohabitation  continued. 

Special  provision,  however,  is  made  by  section  4705  of  the  RevisedJ 
Statutes  in  regard  to  the  character  of  the  evidence  which   shall  bet 
required  in  the  claims  of  widows  and  children  of  colored  and  I  ndian 
soldiers  and  sailors. 

PROOF   OF   THE   DATES   OF   BIRTH   OF   CHILDREN. 

The  dates  of  birth  of  children  should  be  proved— 

(1)  By  a  duly  verified  copy  of  the  church  record  of  baptism  or  other) 
public  record ;  or 

(2)  By  the  affidavit  of  the  physician  who  attended  the  mother ;  or 

(3)  By  the  testimony  of  persons  who  were  present  at  the  births,  whoi 
should  state  how  they  are  able  to  testify  to  the  precise  dates. 

If  any  child  of  the  person  on  whose  account  the  claim  is  made  died) 
after  the  date  at  which  the  widow's  pension  will  commence,  the  date  oi 
the  death  must  be  shown. 

CLAIMS   ON  BEHALF   OF  MINOR   CHILDREN. 

In  claims  on  behalf  of  minor  children  the  guardian  must  furnish  p 
upon  the  following  points : 

(1)  A  copy  of  his  letters  of  guardianship,  bearing  the  seal  of 
court  making  the  appointment,  together  with  the  certificate  of  the  court 
that  such  appointment  has  not  been  revoked;  which  certificate  should j 
also  state  the  amount  of  the  guardian's  bond. 

(2)  The  cause  and  date  of  the  father's  death,  the  marriage  of  the 
parents,  and  the  dates  of  birth  of  the  children  must  be  proved.    When, 
however,  satisfactory  proof  upon  these  points  has  been  furnished  in  the 
claim  of  the  widow,  it  will  not  again  be  required  in  the  claim  on  beh 
of  the  minors. 

(3)  If  the  mother  of  the  children  is  dead,  the  date  of  her  death  m 
be  proved.    If  she  remarried,  her  remarriage  must  be  proved  in 
same  manner  that  her  marriage  to  the  father  of  the  children  is  requi 
to  be  proved.    If  the  claim  is  made  on  account  of  the  widow  havi 
abandoned  the  children,  or  on  account  of  her  untitness  to  have  cust 
of  them,  the  abandonment  or  unfitness  can  be  shown  by  the  certifica 
of  the  court  having  probate  jurisdiction  or  upon  the  presentation 
satisfactory  evidence  thereof  to  the  Commissioner  of  Pensions. 

(4)  If  the  mother  of  the  children  died  before  the  father,  it  must 
shown  whether  he  again  married. 

(5)  It  must  be  shown  whether  the  father  left  any  other  pensionab! 
child  than  those  for  whose  benefit  the  claim  is  made;  and,  if  so,  why  | 
such  child  is  not  embraced  in  the  application.    A  guardian  is  not  enti- 
tled on  account  of  a  child  which  died  prior  to  the  date  of  the  application. ! 


LAWS   RELATING   TO    ARMY   AND   NAVY   PENSIONS.  173 

Claims  of  Dependent  Relatives. 

DEPENDENT   MOTHERS. 

A  mother  must  show  her  relationship,  the  date  and  cause  of  the  son's 
sath,  and  whether  he  left  a  widow  or  minor  children  surviving,  and 
er  dependence  upon  him  for  support  at  the  time  of  his  death. 

In  proof  of  dependence  it  must  be  shown  that  previous  to  the  date  of 
le  said  son's  decease  her  husband  had  died,  or  that  he  had  permanently 
oandoned  her  support,  or  that  on  account  of  disability  from  injury  or 
isease  he  was  unable  to  support  her.  If  the  husband  is  dead,  the  date 
f  his  death  must  be  proved.  If  he  abandoned  the  support  of  his  family, 
le  date  of  such  abandonment  and  all  the  facts  of  the  case,  showing 
hether  he  ever  returned  or  ever  afterward  contributed  to  the  support 
f  the  claimant,  must  be  fully  set  forth.  If  he  was  disabled,  the  nature 
ad  cause  of  the  disability  and  when  and  to  what  extent  it  rendered 
im  unable  to  support  the  claimant  must  be  shown  by  the  testimony  of 
is  physician.  The  extent  of  his  disability  during  the  period  from  the 
in's  death  to  the  present  time  should  also  be  shown. 

The  value  of  the  property  ot  the  claimant  and  her  husband,  the  income 
hich  they  derived  therefrom,  and  the  other  means  of  support  possessed 
y  them  while  she  was  receiving  the  contributions  of  her  said  son,  and 
x>m  that  time  to  the  present,  should  be  shown  by  the  testimony  of 
redible  and  disinterested  witnesses,  who  must  state  how  they  know  the 
icts.  The  value  of  property  assessed  for  taxation  may  be  shown  by  the 
sstimony  of  the  officer  having  possession  of  the  records  relating  thereto, 
he  true  as  compared  with  the  assessed  value  should  be  stated. 

It  must  be  shown  to  what  extent,  for  what  period,  and  in  what  man- 
er  her  said  son  contributed  to  her  support,  by  the  testimony  of  persons 
M*  whom  the  son  labored,  to  whom  he  paid  rent,  of  whom  he  purchased 
roceries,  fuel,  clothing,  or  other  necessary  articles  for  her  use,  or  of 
hose  who  otherwise  had  a  knowledge  of  the  contributions  of  the  son, 
ud  who  must  state  how  they  obtained  such  knowledge.  Any  letter 
rom  the  son  bearing  upon  the  question  of  support  should  be  filed.  If 
le  son,  in  any  other  manner  than  by  actual  contributions,  acknowledged 
is  obligation  to  support  his  mother,  or  was  by  law  bound  to  such  sup- 
ort,  the  facts  should  be  shown. 

DEPENDENT  FATHERS. 

A  father  claiming  pension  on  account  of  the  death  of  his  son,  upon 
rhom  he  was  dependent  for  support,  must  prove — 

(1)  The  cause  and  date  of  his  son's  death;  that  said  son  left  no  widow 

r  minor  child  surviving  him;  the  cause  and  extent  of  his  disability 

uring  the  period  in  which  the  son  contributed  to  his  support,  and  from 

Ihat  time  to  the  present ;  the  amount  of  his  property  and  all  other  means 

!  )f  support  possessed  by  him  during  that  period,  and  the  extent  of  his 

jlependence  upon  his  son  for  support.    The  facts  of  the  case  in  these 


174  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

respects  should  be  shown  by  such  testimony  as  is  required  in  the  claimfj 
of  a  mother. 

(2)  The  date  of  his  marriage,  the  date  of  the  death  of  the  mother/ j 
and  the  date  of  birth  of  the  son  must  be  proved. 

In  case  the  mother  applied  for  pension,  reference  should  be  made  tol 
her  application,  and  the  number  of  the  same  or  of  her  certificate  should! 
be  given.  Evidence  upon  any  point  established  in  her  claim  will  notf! 
again  be  required. 

MINOR  BROTHERS   AND   SISTERS. 

The  claim  on  behalf  of  minor  brothers  and  sisters  should  be  made  byj 
a  guardian  duly  appointed,  who  must  furnish  the  evidence  of  his  or  her 
authority  under  the  seal  of  the  court  from  which  the  authority  wasi 
obtained.  He  must  prove  the  cause  and  date  of  the  death  of  the 
brother  on  whose  account  the  claim  is  made,  his  celibacy,  the  dates  of 
death  of  the  mother  and  father,  his  relationship  to  the  persons  on  whose 
behalf  the  claim  is  made,  the  dates  of  their  births,  and  their  dependence 
upon  the  brother  for  support.  If  the  mother  or  father  applied  for  p< 
sion,  the  number  of  his  or  her  application  or  of  his  or  her  certifi< 
should  be  given.  Evidence  upon  any  point  established  in  the  claim 
the  mother  or  father  will  not  again  be  required. 

In  the  administration  of  the  pension  laws  no  distinction  is  made 
between  brothers  and  sisters  of  the  half  blood  and  those  of  the  whole) 
blood. 

Witnesses  and  Testimony. 

Evidence  executed  before  the  attorney  of  record  in  a  claim  or  before 
any  person  who  has  a  manifest  interest  therein  will  not  be  considered. 
All  certificates  of  executing  officers  must  certify  that  they  have  iioj 
interest  in  the  claim. 

It  is  desirable  that  the  facts  required  to  be  proved  in  the  prosecuti< 
of  a  claim  for  pension  should,  if  possible,  be  shown  by  the  testimony 
other  persons  than  near  relatives  of  the  claimant. 

Every  fact  required  to  be  proved  should  be  shown  by  the  best 
dence  obtainable.    Every  witness  should  state  whether  he  has 
interest,  direct  or  indirect,  in  the  prosecution  of  the  claim  in  which 
may  be  called  to  testify,  and  give  his  post-office  address. 

Witnesses  should  not  merely  confirm  the  statements  of  other  parti< 
but  they  should  give  a  detailed  statement  of  the  facts  known  to  th( 
in  regard  to  the  matter  concerning  which  they  may  testify,  and  th< 
should  state  how  they  obtained  a  knowledge  of  such  facts.  The  offi< 
who  may  take  the  deposition  must  certify  as  to  his  knowledge  of  tl 
credibility  of  the  witnesses,  and  must  state  how  such  knowledge  was 
obtained.  If  they  sign  by  mark,  he  must  certify  that  the  contents  of 
their  depositions  were  fully  made  known  to  them  before  he  administered  j 
the  oath. 

It  is  desirable  that  affidavits  should  be  free  from  interlineations  and1 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS.  175 

erasures.  When  aii  alteration  is  made  iii  aii  affidavit,  or  an  addition 
is  made  thereto,  it  must  appear  by  the  certificate  of  the  officer  who 
I  administered  the  oath  that  such  alteration  or  addition  was  made  with 
[the  knowledge  and  sworn  consent  of  the  affiant. 

In  all  affidavits  from  surgeons  or  physicians  it  is  desirable  that  that 
||portion  detailing  the  nature  of  the  disability,  dates  of  treatment,  and 
(death,  symptoms  and  opinions  as  to  connection  between  diseases  or 
injury  and  disease,  should  be  in  the  handwriting  of  the  party  by  whom 
fit  is  signed.  The  testimony  of  any  person  as  an  expert  should  be 
Ijdrawn  up  by  some  one  professionally  competent  to  make  such  a 
statement. 

The  official  certificates  of  judicial  officers  using  a  seal,  or  of  commis- 
isioned  officers  of  the  Army  and  Navy  in  actual  service,  will  be  accepted 
without  affidavit ;  but  all  other  witnesses  must  testify  under  oath. 

Copies  or  Originals  of  Papers. 

Private  papers  or  personal  mementoes  filed  as  evidence  in  claims  for 
pension  become  a  part  of  the  record.  Copies  of  same  or  originals  can 
only  be  returned  within  the  discretion  of  the  Commissioner  of  Pen- 
sions, upon  application  by  the  parties  properly  entitled  thereto. 

Certified  copies  of  declarations,  affidavits,  or  certificates  of  medical 
examinations  on  file  in  claims  for  pension  can  only  be  furnished  upon 
t  he  call  of  a  court  or  department  wherein  the  same  are  to  be  used  as 
'evidence,  under  the  following  conditions: 

[Law  Division.— 3-471.] 

DEPARTMENT  OF  THE  INTERIOR, 

BUREAU  OF  PENSIONS, 

Washington,  D.  C., ,  189—. 

SIR:  In  response  to  your  communication,  returned  herewith,  you  are  informed 
that  certified  copies  of  any  papers  on  file  in  a  claim  for  pension  in  this  Bureau  can 
be  furnished  only  upon  the  request  of  a  court  or  department  wherein  the  same  are 
to  be  used  as  evidence,  and,  if  for  use  in  a  court,  upon  the  following  conditions: 

This  Bureau  should  be  advised  of  the  nature  of  the  suit,  the  names  of  the  parties 
thereto,  and  in  what  court  the  action  is  ponding. 

The  party  who  desires  to  use  the  certified  copies  should  state  what  he  expects  to 
prove  by  them,  and  make  oath  in  due  form  that  this  evidence  is  material  to  his  cause; 
that  the  object  of  its  use  can  not  be  attained  by  the  substitution  of  any  other  evi- 
dence; that  without  it  he  may  suffer  irreparable  injury,  and  that  the  United  States 
Government  is  not  involved  as  a  party  to  the  action  nor  interested  in  the  result 
thereof. 

With  such  affidavit  he  should  file  a  request  from  the  judge  of  the  court  in  which 
the  action  is  pending  for  the  production  of  such  certified  copies. 

The  papers  of  which  copies  are  desired  should  be  clearly  specified,  and  the  name 
of  the  soldier  upon  whose  service  the  claim  was  based,  the  designation  of  the  organi- 
zation in  which  he  served,  and  if  possible  the  number  of  the  claim  or  the  certificate 
should  be  stated,  in  order  that  the  case  may  be  identified  and  unnecessary  delay 
avoided. 

Very  respectfully,  , 

Commissioner. 


176 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS. 


Pensions  to  the  Survivors  of  the  Wars  prior  to  1861,  and  to  their  Widows.    ; 

(1)  WAR  OF  THE  REVOLUTION,  SERVICE  PENSIONS. — (a)  Widows  of! 
soldiers  who  served  for  fourteen  days  or  more,  or  were  iu  any  battle  dur-j 
ing  the  war,  are  entitled,  provided  they  have  not  remarried,  to  eight 
dollars  per  month  from  March  9, 1878,  and  twelve  dollars  per  month  from 
March  19,  1886.     (b)  Widows  of  Revolutionary  soldiers  who  in  their 
lifetime  were  granted  pensions  are  entitled,  under  section  4743,  Revised! 
Statutes,  to  pension  at  the  same  rate  as  was  paid  the  husband,  not- 
withstanding remarriage,  upon  proof  of  present  widowhood,    (c)  There] 
is  no  law  granting  pension  to  the  daughters  or  other  descendants  of 
soldiers  of  the  Revolution.    The  daughters  of  Revolutionary  soldiers 
who  are  now  drawing  pensions  were  placed  on  the  pension  roll  byj 
special  acts  of  Congress. 

(2)  WAR  OF  1812,  SERVICE  PENSIONS. — (a)  Under  sections  4736  to  I 
4740,  Revised  Statutes,  soldiers  and  sailors  who  served  for  sixty  days  or] 
more  in  this  war  and  were  honorably  discharged,  or  who  were  pei 
sonally  named  in  any  resolution  of  Congress  for  specific  service  thereii 
and  the  widows  of  such  soldiers  and  sailors,  are  entitled  to  eigl 
dollars  per  month  from  February  14,  1871,  upon  proof,  by  all  appl 
cants,  of  loyalty  to  the  United  States  Government  during  the  war  of 
the  rebellion,  and  by  widow  applicants  of  their  marriage  to  the  soldier! 
or  sailor  prior  to  the  treaty  of  peace,  February  17, 1815.    (b)  Under! 
the  act  of  March  9,  1878,  soldiers  and  sailors  who  served  fourteen  days 
or  more,  or  were  in  any  battle  during  the  war,  and  were  honorably  dis- 
charged, and  the  widows  of  such  soldiers  and  sailors,  irrespective  of 
the  date  of  marriage,  are  entitled  to  eight  dollars  per  month  from 
March  9,  1878.     Under  the  act  of  March  19,  1886,  widow  pensioners 
mentioned  in  this  paragraph  are  entitled  to  twelve  dollars  per  month 
from  that  date,    (c)  There  is  no  law  granting  service  pension  to  the) 
descendants  of  soldiers  or  sailors  of  the  War  of  1812,  nor  increase  to 
the  soldier  or  sailor  himself  on  account  of  disability,  age,  or  infirmity. 
The  rate  of  pension  does  not  vary  with  the  rank  of  the  soldier  or 
sailor,  nor  can  it  be  increased  for  any  cause. 

(3)  INDIAN  WARS  FROM  1832  TO  1842,  SERVICE  PENSIONS.— (a)  The  I 
act  of  July  27,  1892,  provides  pension  for  the  surviving  officers  and] 
enlisted  men,  including  marines,  militia,  and  volunteers,  who  were  in 
the  military  or  naval  service  of  the  United  States  for  thirty  days  in  the 
Black  Hawk  war,  the  Creek  war,  the  Cherokee  disturbances,  or  the  1 
Florida  war  with  the  Seminole  Indians,  and  were  honorably  discharged; 
or  who  were  personally  named  in  any  resolution  of  Congress  for  specific | 
service  therein ;  and  for  their  widows,  provided  they  have  not  remarried.  | 
All  pensions  under  this  act  are  fixed  at  eight  dollars  per  month  irre- 
spective of  rank;  are  not  subject  to  increase  for  any  cause;  and  are! 
payable  from  July  27, 1892;  but  the  pension  of  a  widow  whose  husbandl 
was  living  on  that  date  commences  from  the  day  of  his  death,     (b)  Thisl 
act  does  not  provide  pension  for  any  descendant  of  the  soldier  or  sailor,  j 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     177 

(4)  MEXICAN  WAR,  SERVICE  PENSIONS. — (a)  Under  the  act  of  Jan- 
uary 29,  1887,  officers  and  enlisted  men  who  were  in  the  military  or 
oaval  service  of  the  United  States  for  sixty  days  in  Mexico,  or  on  the 
3oasts  or  frontier  thereof,  or  en  route  thereto,  or  who  were  in  a  battle, 
ind  were  honorably  discharged  5    or  who  were  personally  named  in 
my  resolution  of  Congress  for  specific  service  therein,  are  entitled  to 
tension  if  sixty-two  years  of  age;  or,  if  not,  upon  proof  of  pensionable 
Usability  or  dependence.     (&)  Widows  of  officers  and  enlisted  men  who 
kerved  as  above  are  entitled  to  pension  on  the  same  conditions  as  to 
|ige  or  dependence  as  apply  to  the  officer  or  soldier ;  but  disability 
incurred  while  voluntarily  aiding  or  abetting  the  late  rebellion  does  not 
jive  title  to  pension,  nor  are  any  persons  entitled  thereto  while  under 
;he  political  disabilities  imposed  by  the  fourteenth  amendment  to  the 
ponstitution.     Pensions  under  this  act  commence  on  January  29, 1887, 
f  a  pensionable  condition  by  reason  of  age  or  dependence  then  existed; 
]f  not,  then  on  the  date  the  applicant  becomes  sixty- two  years  of  age 
j>r  dependent  within  the  meaning  of  the  law.     The  rate  of  pension  is 
Light  dollars  per  month  irrespective  of  rank ;  which  rate,  for  survivors 
vrho  were  pensioners  on  January  5,  1893,  may  be  increased  to  twelve 
llollars  under  the  act  of  that  date,  on  proof  that  the  pensioner  is  wholly 
Ilisabled  for  manual  labor  and  in  such  destitute  circumstances  that 

ght  dollars  is  a  sum  insufficient  to  provide  him  with  the  necessaries 
•  life,  (c)  Widows'  pensions  are  not  subject  to  increase,  nor  are  the 
scendants  of  survivors  entitled  to  service  pension. 

(5)  NAVY  SERVICE  PENSIONS.— (a)  Under  sections  4756  and  4757, 
,e vised  Statutes,  pensions  for  twenty  years'  service,  and  for  ten  years' 
jrvice,  are  allowed  by  the  Secretary  of  the  Navy  to  enlisted  men  and 
[>pointed  petty  officers  who  have  not  been  discharged  for  misconduct, 
ension  commences  on  the  date  of  filing  the  claim  therefor  in  the  Navy 
Department,  and,  for  twenty  years'  service,  amounts  to  one-half  the 
onthly  pay  of  the  applicant's  rating  at  his  discharge;  for  ten  years' 
*rvice,  the  pension  can  not  exceed  the  rate  for  total  disability,  and  is 
xed,  as  is  also  its  duration,  by  a  board  of  naval  officers.    The  applica- 
on  should  be  addressed  to  the  Secretary  of  the  Navy,  and  all  subse- 
uent  communications  to  the  Chief  of  the  Bureau  of  Navigation,  Navy 
epartmeut,  Washington,  D.  C.     (b]  Pensions  are  not  granted  for  a 
arvice  of  less  than  ten  years  except  as  provided  in  paragraphs  2,  3, 
Qd4. 

(6)  PENSIONS  FOR  DISABILITY  OR  DEATH  DUE  TO  SERVICE  PRIOR 
o  MARCH  4, 1861. — (a)  Soldiers  who  were  wounded  or  injured  or  who 
ontracted  disease  in  the  line  of  duty  are  entitled  to  pension  corre- 
ponding  in  rate  to  the  degree  of  disability  incurred  in  service.    Per- 

in  the  naval  service  are  entitled  to  a  like  pension  under  the  same 
onditions,  excepting  that  no  pension  may  be  granted  to  an  engineer, 
fireman,  or  a  coal  heaver  for  disability  incurred  prior  to  August  31, 
12 


178  LAWS    RELATING    TO    ARMY    AND    NAVY   PENSIONS. 

1842.  (b)  The  widows,  or  children  under  sixteen  years  of  age,  of  sol- 
diers who  served  prior  to  March  4,  1861,  are  entitled  to  pension  if  the 
soldier's  death  was  due  to  causes  originating  in  time  of  actual  war,  and 
not  otherwise,  (c)  The  widows,  or  children  under  sixteen,  of  sailors 
who  served  prior  to  March  4,  1861,  are  entitled  to  pension  only  when 
the  death  occurred  in  the  service  and  in  the  line  of  duty.  Pensions 
mentioned  in  this  paragraph,  if  not  applied  for  within  three  years  from 
the  discharge  or  death  of  the  person  on  whose  account  the  right  to 
pension  exists,  or  within  three  years  of  the  termination  of  a  pension 
previously  granted  on  account  of  the  service  and  death  of  such  person, 
commence  from  the  date  of  filing,  by  the  person  prosecuting  the  claim, 
the  last  paper  requisite  to  establish  it.  (d)  There  is  no  provision  of  I 
law  allowing  pensions  to  the  parents,  brothers,  or  sisters  of  persons] 
who  rendered  military  or  naval  service  prior  to  March  4,  1861. 

(7)  BOUNTY  LAND. — (a)  Service,  to  give  title  to  bounty  land,  must] 
have  been  for  at  least  fourteen  days  or  in  a  battle  prior  to  March  3, 
1855 ;  and,  if  in  the  Navy  or  Eegular  Army,  must  have  been  in  some  war  i 
in  which  the  United  States  Government  was  engaged.     (b)  Inquiri< 
relative  to  the  assignment  of  bounty-land  warrants  and  to  homesl 
lands  for  services  during  the  war  of  the  rebellion  should  be  addret 

to  the  Commissioner  of  the  General  Land  Office,  Interior  Department 

(8)  MISCELLANEOUS. — (a)  Applications  for  reimbursement  should  bej 
filed  with  the  Auditor  for  the  Interior  Department,  Treasury  Depart- 
ment,    (b)  Communications  relative  to  back  pay,  extra  pay,  and  bounty 
in  money  for  military  service  should  be  addressed  to  the  Auditor  for 
the  War  Department;  in  regard  to  bounty,  extra  pay,  or  prize  money 
for  naval  service,  to  the  Auditor  for  the  Navy  Department,     (c)  When 
a  certificate  of  service  in  lieu  of  a  lost  discharge  is  desired,  application 
should  be  made  to  the  Adjutant  General,  U.  S.  Army,  War  Depart- 
ment, if  the  service  was  in  the  Regular  Army;  to  the  Chief  of  Record 
and  Pension  Office,  War  Department,  if  the  service  was  in  a  volun-| 
teer  organization,  and  to  the  Chief  of  the  Bureau  of  Navigation, 
Department,  if  the  service  was  in  the  Navy,     (d)  Copies  only  of  di 
charges  are  furnished  by  this  Bureau  when  the  originals  were  filed 
claims  made  on  account  of  service  rendered  prior  to  March  4, 1861, 

no  such  copy  will  be  furnished  for  use  in  claims  against  the  Govei 
ment.  (e)  Eemarriage  after  the  soldier's  death  (except  in  the  case 
certain  widows  referred  to  in  (b)  of  paragraph  1)  and  prior  to  the  pj 
sage  of  an  act  taking  effect  from  the  date  of  its  approval  deprives  thej 
widow  of  the  benefits  of  such  act.  In  the  case  of  remarriage  subse-| 
quent  to  the  approval  of  such  act,  pension  may  be  paid  from  the  datejj 
of  approval,  or  from  the  date  of  the  soldier's  death  if  after  approval,] 
to  the  date  of  remarriage. 


LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS.  179 

[Act  of  June  27,  1890.1 

RULES  AND  REGULATIONS. 

All  pensions  under  this  act  will  commence  from  the  date  of  filing  the 
mnal  application  (after  the  passage  of  the  act)  in  the  Pension  Bureau. 

No  application  for  pension  under  this  act  will  be  good  unless  filed  in 
tie  Pension  Bureau  on  or  after  June  27, 1890  (date  of  the  act),  or  if  not 
i  the  form,  substantially,  prescribed  by  the  Secretary. 

Discharge  certificate  need  not  be  filed  until  called  for. 

The  rates  of  this  law  are  not  affected  by  the  rank  of  the  soldier. 

This  act  provides  thefollowing  rates :  For  dependent  father  or  mother, 
12.  The  widow,  $8,  and  $2  additional  for  each  child  of  soldier  under 
xteen  years;  and  if  the  widow  dies,  the  child  or  children  can  draw 
iich  pension.  The  soldier  is  entitled  to  any  rate  from  $6  to  $12,  ac- 
ording  to  inability  to  earn  a  support. 

A  pensioner  under  existing  laws  may  apply  under  this  one,  or  a  pen- 
oner  under  this  one  may  apply  under  other  laws,  but  can  draw  only 
ne  pension  at  the  same  time. 

This  law  requires  in  a  soldier's  case: 

(1)  An  honorable  discharge. 

(2)  That  he  served  at  least  ninety  days. 

(3)  A  permanent  physical  or  mental  inability  to  earn  a  support,  but 
ot  due  to  vicious  habits.    (It  need  not  have  originated  in  the  service.) 

In  case  of  a  widow : 

(1)  That  the  soldier  served  at  least  ninety  days. 

(2)  That  he  was  honorably  discharged. 

(3)  Proof  of  death ;  but  it  need  not  have  been  the  result  of  his  army 
ervice. 

(4)  That  the  widow  is  "  without  other  means  of  support  than  her 
aily  labor." 

(5)  That  she  married  soldier  prior  to  June  27, 1890,  date  of  the  act. 
In  dependent  parents'  case : 

(1)  That  the  soldier  died  of  a  wound,  injury,  or  disease  which  under 
rior  laws  would  have  given  him  a  pension. 

(2)  That  he  left  no  wife  or  minor  child. 

(3)  That  mother  or  father  is  at  present  dependent  on  her  or  on  his 
wn  manual  labor,  being  "  without  other  present  means  of  support  than 
leir  own  manual  labor  or  the  contributions  of  others  not  legally  bound 

their  support."  The  benefits  of  the  first  section  of  the  act  of  June 
7, 1890,  are  not  confined  to  the  parents  of  those  who  served  in  the  war 
f  the  rebellion,  but  are  extended  to  all  parents  where  pensionable 
ependeuce  has  arisen  on  account  of  the  death  of  a  son  who  served 
ince  said  war  in  behalf  of  the  United  States. 

(4)  That  in  case  a  minor  child  is  insane,  idiotic,  or  otherwise  perma- 
ently  helpless  the  pension  shall  continue  during  the  life  of  said  child 
r  during  the  period  of  such  disability,  and  this  proviso  shall  apply  to 


180  LAWS    RELATING   TO    ARMY    AND    NAVY    PENSIONS. 

all  pensions  heretofore  granted  or  hereafter  to  be  granted  under  this 
or  any  former  statute,  and  such  pensions  shall  commence  from  the  date 
of  application  therefor  after  the  passage  of  this  act. 

The  rules  and  regulations  of  the  Department  will  govern  all  appli- 
cants and  attorneys. 

No  contract  for  attorney's  fee  shall  provide  for  a  sum  greater  than 
$10,  but  in  the  absence  of  a  contract  the  attorney's  fee  shall  be  $10. 

H.  CLAY  EVANS, 
Commissioner  of  Pensions. 

The  foregoing  rules  and  regulations,  with  the  forms  here  following, 
are  adopted  and  approved. 

E.  A.  HITCHCOCK, 

(Secretary  of  the  Interior. 


BLANK  FORMS  OF  DECLARATIONS 


ARMY  AND  NAVY  PENSIONS. 


181 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  183 

[3-001.     Old  No.  3— 010.] 

DECLARATION  FOR  ORIGINAL  INVALID  PENSION. 

STATE  OF ,  County  of ,  ss: 

On  this day  of ,  A.  D.  one  thousand  nine  hundred  and  —  — ,  person- 
ally appeared  before  me,  a  —  —  within  and  for  the  county  and  State  afore- 
said, —  ,  aged years,  a  resident  of  —  — ,  county  of ,  State 

of  —     — ,  who,  being  duly  sworn  according  to  law,  declares  that  he  is  the  identical 

person  who  was  enrolled  at ,  under  the  name  of  —  — ,  on  the day 

of  —     — ,  1 ,  as  a  —      —  in  —    —  [here  state  rank,  and  company  and  regiment 

in  the  Army,  or  vessel,  if  in  the  Navy] ,  and  was  discharged  at on  the day 

of ,  1 ;  that  his  personal  description  at  enlistment  was  as  follows:  Age, 

years;  height, feet inches;  complexion,  —     — ;  hair,  —     — ;  eyes,  —     — . 

That  while  a  member  of  the  organization  aforesaid,  in  the  service  and  in  the  line  of 

his  duty  at ,  on  or  about  the day  of  —     — ,  1 ,  he,  —  —  [here 

state  name  or  nature  of  disease,  or  the  location  of  wound  or  injury.  If  disabled  by 
disease,  state  fully  its  causes;  if  by  wound  or  injury,  the  precise  manner  in  which 
received].  That  he  was  treated  in  hospitals  as  follows:  —  —  [here  state  the 

names  or  numbers  and  the  localities  of  all  hospitals  in  which  treated,  and  the  dates 

of  treatment].     That  he  was employed  in  the  military  or  naval  service  prior  to 

-,  1 .     That  he  has been  employed  in  the  military  or  naval  service 


since i— ,  1 . [here  state  what  the  service  was,  whether  prior 

or  subsequent  to  that  stated  above,  and  the  dates  at  which  it  began  and  ended]. 
That  prior  to  his  entry  into  the  service  above  named  he  was  a  man  of  good,  sound 

physical  health,  being  when  enrolled  a .     That  he  is  now incapacitated 

for  procuring  his  subsistence  by  manual  labor  by  reason  of  his  disabilit — ,  described 
above,  incurred  in  the  service  of  the  United  States;  and  he  therefore  makes  this 
declaration  for  the  purpose  of  being  placed  on  the  invalid-pension  roll  of  the  United 
States.  That  he  is a  pensioner.  That  he  has heretofore  applied  for  pen- 
sion.   [if  a  pensioner,  the  certificate  number  only  need  be  given.  If 

not,  give  the  number  of  the  former  application,  if  one  was  made].  That  his  post- 
office  address  is ,  county  of ,  State  of . 


[Claimant's  signature.] 

Attest: 

(1) . 

(2) . 

Also  personally  appeared ,  residing  at  ,  and 


residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw ,  the 

claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that  they 
have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their  acquaint- 
ance with  him  of  —  —  years  and  —  —  years,  respectively,  that  he  is  the  indentical 
person  he  represents  himself  to  be;  and  that  they  have  no  interest  in  the  prosecu- 
tion of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  190 — ,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 


184 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


[L.  s.]     including  the  words 


erased,  and  the  words 


added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of  j 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal, 'unless  such  { 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


a 


LAWS   RELATING   TO    ARMY    AND   NAVY   PENSIONS.  185 

B  [3-003.    Old  No.  3— Oil.]  B 

DECLARATION  FOR  THE  INCREASE  OF  AN  INVALID  PENSION. 

The  pension  certificate  should  not  be  forwarded  with  the  application. 
[STATE  OF ,  County  of ss: 

On  this  day  of  ,  A.  D.  one  thousand  nine  hundred  and  ,  per- 
sonally appeared  before  me,  a within  and  for  the  county  and  State 

iforesaid, ,  aged  years,  a  resident  of  ,  county  of  , 

State  of  —  — ,  who,  being  duly  sworn  according  to  law,  declares  that  he  is  a  pen- 
sioner of  the  United  States,  enrolled  at  the pension  agency  at  the  rate  of 

—  dollars  per  month,  by  reason  of  disability  from [here  name  the  dis- 

.bility  for  which  pensioned]  incurred  in  the [military  or  naval]  service  of 

ihe  United  States  while  a  —      —  [here  state  rank,  and  company  and  regiment  if  in 

ihe  Army,  or  vessel  if  in  the  Navy]  in .     That  he  believes  himself  to  be 

sntitled  to  an  increase  of  pension  on  account  of .     [Here  state  the  reasons  for 

ipplying  for  increase.  If  on  account  of  increase  in  the  disability  for  which  already 
pensioned,  that  should  be  described.  If  on  account  of  disability  for  which  not  pen- 
sioned, the  nature  and  location  of  the  wound  or  injury,  or  the  name  of  the  disease, 
md  the  time,  place,  and  circumstances  of  its  origin,  and  the  names  of  hospitals 
svhere  treated  in  the  service,  should  be  fully  stated.  The  date  of  treatment  should 

>e  given  as  nearly  as  possible.]     That  he  hereby  appoints ,  of , 

bis  true  and  lawful  attorney,  to  prosecute  his  claim.  That  the  number  of  his  pen- 
sion certificate  is .  That  his  post-office  address  is ,  county  of , 

State  of . 


[Claimant's  signature.] 
Attest: 

(1) . 

(2) . 

Also  personally  appeared ,  residing  at ,  and  

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to 


credit,  and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw 

the  claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declara- 
tion; that  they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant 

md  their  acquaintance  with  him  of years  and years,  respectively,  that 

be  is  the  identical  person  he  represents  himself  to  be;  and  that  they  have  no  interest 
in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  190 — ;  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

[L.S.]      including  the  words  ,  erased,  and  the  words—  — , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 


186 


LAWS    KELATING    TO    ARMY    AND    NAVY    PENSIONS. 


To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in' 
the  prosecution  of  the  claim. 


£      g 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  187 

[3-031.     Old  No.  3-030.1 

DECLARATION  FOR  NAVY  INVALID  PENSIONS. 

To  be  executed  before  a  court  of  record  or  some  officer  thereof  having  custody  of  its  seal,  a  notary 
jublic  whose  official  signature  shall  be  verified  by  his  official  seal,  and  in  case  he  has  none-  his  signa- 
;ure  and  official  character  shall  be  certified  by  a  clerk  of  a  court  of  record,  or  a  city  or  county  clerk, 
ar  a  justice  of  the  peace,  whose  signature  and  official  character  shall  be  certified  as  above. 

STATE  OF ,  County  of ,  ss: 

On  this  -  -  day  of  -  — ,  A.  D.  one  thousand  nine  hundred  and  -  — ,  per- 
sonally appeared  before  me,  a  -  — ,  authorized  to  administer  oaths  for 
general  purposes,  within  and  for  the  county  and  State  aforesaid,  —  — ,  aged 

years,  a  resident  of  the  —    —  of ,  county  of ,  State  of  -    , 

who,  being  duly  sworn  according  to  law,  declares  that  he  is  the  identical  — 

who  enlisted  in  the  naval  service  of  the  United  States  at  —  —  on  the 
-  day  of  ,  in  the  year ,  as  a ,  and  served  on  the  following- 
named  ships:  ,  and  was  honorably  discharged  on  the  —      —  day  of  —  — ,  in 

the  year  —     — ,  at  —     — ;  that  his  personal  description  is  as  follows:  Age,  — 

years;  height, feet inches;  complexion,  —     — ;  hair,  —     — ;  eyes,—     — ; 

that  while  in  the  service  aforesaid,  and  in  the  line  of  his  duty  at  —    — ,  on  or  about 

the day  of , ,  he  —  — .     [Here  state  name  or  nature  of  disease, 

or  the  location  of  wound  or  injury;  if  disabled  by  disease,  state  fully  its  causes;  if 
by  wound  or  injury,  the  precise  manner  in  which  received.]     That  he  was  treated  in 

hospitals  or  vessels  as  follows: .     [Here  state  the  names  or  numbers,  and  the 

localities  of  all  hospitals  in  which  treated,  and  the  dates  of  treatment.]     That  he  has 

been  employed  in  the  military  or  naval  service  otherwise  than  as  stated 


above .  [Here  state  what  the  service  was,  whether  prior  or  subsequent  to 

that  stated  above,  and  the  dates  at  which  it  began  and  ended.]  That  he  rendered 

no  service  prior  to ,  nor  subsequent  to  —  — .  That  since  leaving  the  service 

this  applicant  has  resided  in  the  —  —  of ,  in  the  State  of ,  and  his  occu- 
pation has  been  that  of  a .  That  prior  to  his  entry  into  the  service  above  named 

he  was  a  man  of  good,  sound,  physical  health,  being  when  enlisted  a .  That 

he  is  now disabled  from  obtaining  his  subsistence  by  manual  labor  by  reason 

of  his  injuries,  above  described  received  in  the  service  of  the  United  States;  and  he 
therefore  makes  this  declaration  for  the  purpose  of  being  placed  on  the  invalid  pen- 
sion roll  of  the  United  States. 

He  hereby  appoints,  with  full  power  of  substitution  and  revocation, , 

of ,  State  of ,  his  true  and  lawful  attorney  to  prosecute  his  claim.  That 

he  has received applied  for  a  pension.  That  his  post-office  address  is 

,  county  of ,  State  of . 


[Claimant's  signature.] 

Also  personally  appeared ,  residing  at  —     — ,  and  -  — , 

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  arid  saw  —  — , 

the  claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 
acquaintance  with  him,  that  he  is  the  identical  person  he  represents  himself  to  be; 
and  that  they  have  no  interest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


188 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


-,  A.  D.  190—,  and  I 


Sworn  to  and  subscribed  before  me  this  day  of  - 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully] 
made  known  and  explained  to  the  applicant  and  witnesses  before  swear- 

[L.  s.]     ing,  including  the  words ,  erased,  and  the  words  — , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.  ] 
[Official  character.] 


5; 


GO 


$ 

«p 

a 
E 


The  claimant's  identity  and  loyalty  must  be  proven  by  two  witnesses,  certified  by  the  juuici 
officer  to  be  respectable  and  credible,  who  are  present  and  witness  the  signature  of  the  declarant : 
certify  to  his  identity  and  loyalty  under  oath  or  affirmation. 

Declarations  and  other  papers  should  be  as  legible  and  as  clear  in  statement  as  possible. 

Where  any  evidence  is  already  on  file  in  any  department  of  the  Government,  a  definite  descriptic 
of  and  specific  reference  to  it  will  render  it  available  in  any  subsequent  claim. 

The  post-office  address  (naming  street  and  number  in  all  large  cities)  of  the  applicant,  attorney.! 
and  witnesses  should  be  embodied  to  or  accompany  every  application,  and  all  evidence  in  each  claim;\ 
and  each  change  of  residence  of  said  parties  while  communicating  with  the  Pension  Office  or  tl 
pension  agents  should  be  stated. 

Pensions  are  by  law  exempt  from  any  liability  on  account  of  the  obligations  of  the  pensioners, 
no  lien  upon  them  can  be  recognized. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  wl 
authority  and  signature  are  duly  certified  and  who  shall  disclaim  any  interest,  direct  or  indirect, 
the  prosecution  of  the  claim. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


189 


[3—021.     Old  No.  3—020.1  K 

DECLARATION  FOR  RESTORATION   TO  THE    PENSION    ROLLS    OF  A 
4    PERSON  WHOSE  NAME  HAS  BEEN  DROPPED  UNDER  THE  ACT  OF 

FEBR  UAR  Y  4,  1862.     [Rev.  Slot. ,  4716.  ] 


I  STATE  OF 


County  of 


On  this  day  of  — 

Isonally  appeared  before 


A.  D.  one  thousand  nine  hundred  and 


per- 


me, 


the  same  being  a  court  of 
— ,  aged years, 


[-ecord  within  and  for  the  county  and  State  aforesaid, 

rho,  being  duly  sworn  according  to  law,  makes  the  following  declaration,  asking  to 
restored  to  the  pension  rolls:  That  he  is  the  identical  —                  —  who  was  pen- 
sioned on  the  rolls  of  the  agency  at  —     — ,  and  whose  pension  certificate,  No. , 

Is  herewith  returned;  that  — he  has  resided  since  the  first  day   of  January,  A.  D. 
[1861,  as  follows:1  —  — ;  that  during  this  period  —      —  means  of  subsistence 

lave  been: 2 ;  that has  not  borne  arms  against  the  Government 

|)f  the  United  States,  or  in  any  manner  aided  or  abetted  the  rebellion,  or  those 
cuting  the  rebellion,  or  manifested  a  sympathy  with  their  cause,  but,  on  the 
bontrary,  did,  during  the  said  rebellion,  earnestly  desire  its  suppression  by  force  of 

that  — he  was  last  paid  —      —  pension  to  the day  of  —     — ,  18 — ;3  — 

-;  that  —      —  hereby  appoints  -                 —  attorney  to  prosecute  the  above 
ilaim;  that residence  is  at  No. ,  in street,  in  the  —    —  of , 


>untv  of 


Attest: 


State  of 


and  that post-office  address  is 


[Claimant's  signature.] 


Also  personally  appeared 
,  and 


,  residing  at  No. ,  in street,  in 

residing  at  No. ,  in  —      —  street,  in  —     — ,  persons 

(whom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who,  being  by  me  duly 
rorn,  say  that  they  were  present  and  saw  -  — ,  the  claimant,  sign  - 

[name  (make mark)  to  the  foregoing  declaration;  that  they  have  every  reason 

to  believe,  from  the  appearance  of  said  claimant  and  their  acquaintance  with , 

Ithat is  the  identical  person represents self  to  be;  and  that  they  have 

interest  in  the  prosecution  of  this  claim. 


Sworn  to  and  subscribed  before  me  this 


day  of 


[Signatures  of  witnesses.] 
-,  A.  D.  190—;  and  I 


[i..  s.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words ,  erased,  and  the  words , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
of  this  claim. 


[Signature.] 


[Official  character.] 


1  Here  name  the  place  or  places  at  which  the  applicant  has  resided. 

2  Here  name  the  employment  or  other  means  by  which  a  livelihood  has  been  gained. 

a  Here  insert,  if  an  invalid,  "and  that  the  disability  for  which  he  was  pensioned  still  continues 
[in  a  pensionable  degree,  and  that  he  has  not  since  reenlisted  or  been  paid  in  the  military,  naval,  or 
marine  service  of  the  United  States;"  if  a  widow  or  mother,  "  and  she  has  not  remarried  since  that 
date,"  or  if  remarried,  give  date. 


190 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


All  the  blanks  in  this  form  should  be  carefully  filled  and  the  requirements  of  the  notes  strict 
observed. 

An  honorable  discharge  from  the  service  in  all  cases  is  necessary. 

Declarations  of  claimants,  either  for  original  pension  or  for  increase  of  pension  already  grant 
must  be  made  before  a  court  of  record,  or  before  some  officer  thereof  having  custody  of  its 
said  officer  being  fully  authorized  and  empowered  to  administer  and  certify  any  oath  or  affirmatic 
relating  to  any  pension  or  application  therefor. 

The  claimant's  identity  and  loyalty  must  be  proven  by  two  witnesses,  certified  by  the  judici* 
officer  to  be  respectable  and  credible,  who  are  present  and  witness  the  signature  of  the  declarant,  j 
and  certify  to  his  identity  and  loyalty  under  oath  or  affirmation. 

Declarations  and  other  papers  should  be  as  legible  and  as  clear  in  statement  as  possible. 

Where  any  evidence  is  already  on  file  in  any  department  of  the  Government,  a  definite  description 
of  and  specific  reference  to  it  will  render  it  available  in  any  subsequent  claim. 

The  post-office  address  (naming  street  and  number  in  all  large  cities)  of  the  applicant,  attorney, 
and  witnesses  should  be  embodied  in  or  accompany  every  application,  and  all  evidence  in  (Mich 
claim;  and  each  change  of  residence  of  said  parties,  while  communicating  with  the  Pension  Office 
or  the  pension  agents,  should  be  stated. 

Pensions  are,  by  law,  exempted  from  any  liability  on  account  of  the  obligations  of  the  pensioners, 
and  no  lien  upon  them  can  be  recognized. 

All  facts,  testimony  of  which  is  required  to  establish  a  claim,  must  be  proven  by  the  affidavits  of 
two  or  more  credible  witnesses,  unless  other  evidence  is  specified. 

The  statements  of  claimants,  unless  duly  corroborated,  are  not  accepted  as  evidence. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  director  indirect,  ii 
the  prosecution  of  the  claim. 

Persons  desiring  to  complete  claims  pending  at  the  decease  of  the  claimants  must  furnish  a  di 
verified  certificate  of  their  authority  as  heirs  or  legal  representatives. 

With  all  claims  for  arrears,  increase,  or  restoration  to  the  rolls,  the  original  pension  certificate  mi 
be  returned,  or  explanation  of  its  absence  must  be  given  under  oath. 

To  facilitate  the  adjudication  of  claims,  all  the  requisite  evidence  that  is  available  should  be  fc 
warded  with  the  application. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  191 

[3—022.     Old  No.  3—021.]  L 

DECLARATION  OF  PENSIONER  FOR  RESTORATION  TO  THE  ROLLS 
UNDER  SECTION  36,  ACT  OF  MARCH  3,  1873. 

[See.  4719,  Rev.  Stat.] 

'ATE  OF ,  County  of  —     — ,  &s: 

On  this day  of  -     — ,  A.  D.  one  thousand  nine  hundred  and  -      — ,  per- 

nally  appeared  before  -  — ,  -      — ,  the  same  being  a  court  of  record 

ithin  and  for  the  county  and  State  aforesaid,  —  — ,  aired  —    —  years,  who, 

jing  duly  sworn  according  to  law,  makes  the  following  declaration,  asking  to  be 
stored  to  the  pension  rolls:  That  I  am  the  identical  —  —  who  was  pen- 

oned  on  the  rolls  of  the  agency  at  —    — ,  and  whose  pensior  certificate,  No. , 

herewith  returned;  that  I  was  last  paid  at  said  agency  to  the day  of  —     — , 

— ;  that  I  have  since  resided  as  follows:  l  —     — ;  that  I  have  not  claimed  pension 

nee  the  date  above  given  for  the  following  reasons:  2    ;  and  that  I3 —    — ; 

tat  I  hereby  appoint ,  of ,  attorney  to  prosecute  the  above  claim ; 

at  my  residence  is  at  No. ,  in street,  in  the of ,  county  of 

— ,  State  of ,  and  that  my  post-office  address  is  —     — ,  —    — . 


[Claimant's  signature.] 

Attest:] 


Also  personally  appeared ,  residing  at  No. ,  in street,  in 

and  —  — ,  residing  at  No. ,  in  —      —  street,  in  —     — ,  persons 


horn  I  certify  to  be  respectable  and  entitled  to  credit,  and  who,  being  by  me  duly 
porn,  say  that  they  were  present  and  saw  —  — ,  the  claimant,  sign  — 

ime  (make mark)  to  the  foregoing  declaration;  that  they  have  every  reason 

believe,  from  the  appearance  of  said  claimant  and  their  acquaintance  with , 

lat is  the  identical  person represents self  to  be;  and  that  they  have 

interest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  190 — ,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 

>.  s.]  made  known  and  explained  to  the  applicant  and  witnesses  before  swearing 

including  the  words ,  erased,  and  the  words ,  added;  and  that 

I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.  ] 


[Official  character.] 


1  Here  name  the  place  or  places  at  which  the  applicant  has  resided. 

sHere  state  specifically  the  reasons  why  pension  has  not  been  claimed. 

•Here  describe  the  disability  for  which  restoration  is  claimed,  and  state  (if  an  invalid)  whether  or 

)t  applicant  has  reenlisted  since  last  pension  payment,  and  if  so,  give  date,  company,  and  regi- 

ent,  and  date  of  final  discharge.    If  a  widow  or  mother,  state  whether  remarried,  or,  if  remarried, 

ve  date. 


192 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


All  the  blanks  in  this  form  should  be  carefully  filed  and  the  requirements  of  the  notes  strictly) 
observed. 

An  honorable  discharge  from  the  service  in  all  cases  is  necessary. 

Declarations  of  claimants,  either  for  original  pension  or  for  increase  of  pension  already  grant 
must  be  made  before  a  court  of  record,  or  before  some  officer  thereof  having  custody  of  its  seal; 
officer  being  fully  authorized  and  empowered  to  administer  and  certify  any  oath  or  affirmation  rel 
ing  to  any  pension  or  application  therefor. 

The  claimant's  identity  and  loyalty  must  be  proven  by  two  witnesses,  certified  by  the  judic 
officer  to  be  respectable  and  credible,  who  are  present  and  witness  the  signature  of  the  declarant,  ai 
certify  to  his  identity  and  loyalty  under  oath  or  affirmation. 

Declarations  and  other  papers  should  be  as  legible  and  clear  in  statement  as  possible. 

Where  any  evidence  is  already  on  file  in  any  department  of  the  Government,  a  definite  descripti 
of  and  specific  reference  to  it  will  render  it  available  in  any  subsequent  claim. 

The  post-office  address  (naming  street  and  number  of  all  large  cities)  of  the  applicant,  attorneJJ 
and  witnesses  should  be  embodied  in  or  accompany  every  application,  and  all  evidence  in 
claim;  and  each  change  of  residence  of  said  parties,  while  communicating  with  the  Pension  Of 
or  the  pension  agent,  should  be  stated. 

Pensions  are,  by  law,  exempted  from  any  liability  on  account  of  the  obligations  of  the  pensionejj 
and  no  lien  upon  them  can  be  recognized. 

All  facts,  testimony  of  which  is  required  to  establish  a  claim,  must  be  proven  by  the  affidavits 
two  or  more  credible  witnesses,  unless  other  evidence  is  specified. 

The  statements  of  claimants,  unless  duly  corroborated,  are  not  accepted  as  evidence. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whoaj 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  iij 
the  prosecution  of  the  claim. 

Persons  desiring  to  complete  claims  pending  at  the  decease  of  the  claimants  must  furnish  a  dul 
verified  certificate  of  their  authority  as  heirs  or  legal  representatives. 

With  all  claims  for  arrears,  increase,  or  restoration  to  the  rolls  the  original  pension  certificate 
be  returned,  or  explanation  of  its  absence  must  be  given  under  oath. 

To  facilitate  the  adjudication  of  claims  all  the  requisite  evidence  that  is  available  should  be 
warded  with  the  application. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  193 

[3—021.     Old  No.  3—023.]  P 

ECLARATION   OF  PENSIONER   FOR   RESTORATION  TO    THE  ROLLS 
WHO  HAS  BEEN  DROPPED  UPON  MEDICAL  EXAMINATION. 

FATE  OF  ,  County  of ,  ss: 

On  this  day  of  -,  A.  D.  one  thousand  nine  hundred  and  per- 

>nally  appeared  before  me  , the  same  being  a  court  of  record 

ithin  and  for  the  county  and  State  aforesaid, ,  aged years,  who, 

eing  duly  sworn  according  to  law,  makes  the  following  declaration:  That  he  is 

le  identical  —  —  who  was  pensioned  on  the  rolls  of  the  agency  at 

id  whose  pension  certificate,  No. ,  is  herewith  returned;  that  he  was  last  paid 

b  said  agency  to  the day  of  ,  189 — ,  at  the  rate  of  dollars  per 

onth;   that  at  a  medical  examination  he  was  dropped  from  the  rolls. 

elieving  that  the  disability  for  which  he  was  pensioned,  to  wit,  1 ,  still  con- 

nues  in  a  pensionable  degree,  he  asks  that  his  name  be  restored  to  the  pension 
Us.  That  his  medical  examinations  since  he  became  a  pensioner  have  been  as 
>llows:  2-  — ,  and  that  he  has  not  reenlisted  or  been  paid  in  the  military,  naval, 
r  marine  service  of  the  United  States  since  the  last  payment  of  his  pension;  that 

e  hereby  appoints attorney  to  prosecute  the  above  claim;  that  his 

jsidence  is  at  No. ,  in street,  in  the of  ,  county  of  , 

tate  of ,  and  that  his  post-office  address  is , . 


Attest:  [Claimant's  signature.] 


And  personally  appeared ,  residing  at  No. ,  in street,  in 

and  -     — ,  residing  at  No. ,  in  —      —  street,  in  ,  persons  whom 


certify  to  be  respectable  and  entitled  to  credit,  and  who,  being  by  me  duly  sworn, 

ly  that  they  were  present  and  saw ,  the  claimant,  sign  his  name 

make  his  mark)  to  the  foregoing  declaration;  that  they  have  every  reason  to 
lieve,  from  the  appearance  of  said  claimant  and  their  acquaintance  with  him, 
mt  he  is  the  identical  person  he  represents  himself  to  be;  and  that  they  have  no 
terest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this  day  of  -  — ,  A.  D.  190 — ,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  &c.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

L.  s.]  including  the  words  —  — ,  erased,  and  the  words  —  — ,  added;  and  that 
I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  character.] 


1  Here  state  specifically  the  disability,  or  disabilities,  for  which  pension  is  claimed. 

*Here  insert  the  names  of  the  surgeons  by  whom  he  has  been  examined,  with  the  month  and  yeaj 

i  which  examination  was  made. 

5323—02 13 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


All  the  blanks  in  this  form  should  be  carefully  filled  and  the  requirements  of  the  notes 
observed. 

An  honorable  discharge  from  the  service  in  all  cases  is  necessary. 

Declarations  of  claimants,  either  for  original  pension  or  for  increase  of  pension  already  granted, 
must  be  made  before  a  court  of  record,  or  before  some  officer  thereof  having  custody  of  its  seal,  i 
officer  being  fully  authorized  and  empowered  to  administer  and  certify  any  oath  or  affii 
relating  to  any  pension  or  application  therefor. 

The  claimant's  identity  and  loyalty  must  be  proven  by  two  witnesses,  certified  by  the  judida 
officer  to  be  respectable  and  credible,  who  are  present  and  witness  the  signature  of  the  declaran 
and  certify  to  his  identity  and  loyalty  under  oath  or  affirmation. 

Declarations  and  other  papers  should  be  as  legible  and  as  clear  in  statement  as  possible. 

Where  any  evidence  is  already  on  file  in  any  Department  of  the  Government,  a  definite  descrip-} 
tion  of  and  specific  reference  to  it  will  render  it  available  in  any  subsequent  claim. 

The  post-office  address  (naming  street  and  number  in  all  large  cities)  of  the  applicant,  attor*! 
and  witnesses  should  be  embodied  in  or  accompany  every  application,  and  all  evidence  in  eacH 
claim;  and  each  change  of  residence  of  said  parties  while  communicating  with  the  Pension  Offlcij, 
or  the  pension  agents  should  be  stated. 

Pensions  are,  by  law,  exempted  from  any  liability  on  account  of  the  obligations  of  the  per 
and  no  lien  upon  them  can  be  recognized. 

All  facts,  testimony  of  which  is  required  to  establish  a  claim,  must  be  proven  by  the  affidaviMjij 
two  or  more  credible  witnesses,  unless  other  evidence  is  specified. 

The  statements  of  claimants,  unless  duly  corroborated,  are  not  accepted  as  evidence. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirecffl 
the  prosecution  of  the  claim. 

Persons  desiring  to  complete  claims  pending  at  the  decease  of  the  claimants  must  furnish  a  dol] 
verified  certificate  of  their  authority  as  heirs  or  legal  representatives. 

With  all  claims  for  arrears,  increase,  or  restoration  to  the  rolls,  the  original  pension  cer 
must  be  returned  or  explanation  of  its  absence  must  be  given  under  oath. 

To  facilitate  the  adjudication  of  claims,  all  the  requisite  evidence  that  is  available 
forwarded  with  the  application. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  195 

[3—006.     Old  No.  3—013.]  D 

DECLARATION  OF  A   WIDOW  FOR  ORIGINAL  PENSION. 

— ,  County  of ,  ss: 

hi  this  -  —  day  of  -     — ,  A.  D.  one  thousand  nine  hundred  and  -      — ,  per> 

ally  appeared  before  me,  a  — within  and  for  the  county  and  State 

resaid, ,  aged years,   a  resident  of  —  — ,  county  of  , 

te  of ,  who,  being  duly  sworn  according  to  law,  makes  the  following 

laration  in  order  to  obtain  pension  under  the  acts  of  Congress  granting  pension  to 
widows  of  soldiers  and  sailors  who  have  died  by  reason  of  wound  or  injury 
eived,  or  disease  contracted,  in  the  service  of  the  United  States  and  in  the  line  of 

''hat  she  is  the  widow  of ,  who  was  —    —  [enrolled  or  commis- 

under  the  name  of — ,  at  —    — ,  on  the day  of  —     — ,  1 , 

—  in —  [here  state  rank  and  designation  of  organization  or  name  of 

sel],  and  was  discharged  on  the day  of ,  1 ,  and  who  died  at 

— ,  on  the day  of  —    — ,  1 ,  of [here  state  the  immediate  cause 

leath],  due  to  —    —  incurred  in  the  above-named  service.     That  the  said  soldier 

3 in  the  military  or  naval  service  of  the  United  States  except  as  stated  above. 

[If  any  other  service,  it  should  be  stated  in  full.] 


?hat  the  said  soldier  was  born  —  — ,  18 ,  at  —      —  ;  that  his  personal 

cription  at  enlistment  was  as  follows:  Height, —    — ;  complexion,—     — ;  color  of 
>s,  —    —  ;  color  of  hair, ;  permanent  marks  or  scars  —    — ;  that  hisoccu- 


lon  was . 

?hat  she  was  married,  under  the  name  of ,  to  said  soldier  at  —  , 

the day  of ,  1 ,    by —  — ;  that  there  was  no  legal  barrier 

;he  marriage;  that  she  had been  previously  married;  that  the  soldier  had 

—  been  previously  married.  —  [If  there  was  a  prior  marriage  of  either, 

date  and  place  of  death  or  divorce  of  former  consort  or  consorts  should  be  stated.] 

?hat  she  was  never  divorced  from  said  soldier,  and  that  she  has remarried 

ce  his  death. [If  remarried,  the  date  and  place  of  remarriage 

uld  be  stated.] 

!*hat  the  said  soldier  left  the  following-named  children  under  16  years  of  age  at 

date  of  his  death,  to  wit: 

— ,  born  —     — ,  1 ,  at  —    — . 

,  born  —     — ,  1 ,  at  —     — . 

— ,  born ,  1 ,  at  —     — . 

— ,  born ,  1 ,  at  —     — . 

— ,  born  —     — ,  1 ,  at . 


any  child  has  died  since  the  soldier's  death,  its  name  and  the  date  of  its  death 
uld  be  stated.     If  the  soldier  left  no  children,  the  claimant  should  so  state.] 

'hat  she  has heretofore  applied  for  pension.  —  [If  prior  appliea- 

n  has  been  made,  the  number  thereof,  the  service  on  which  it  was  based,  and  the 

me  of  the  soldier  should  be  stated.  ] 

Chat  her  post-office  address  is ,  county  of  —     — ,  State  of  —     — . 


[Claimant' b  signature.] 
Attest: 

(1)  -  • 

(2) . 


196 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


Also  personally  appeared  - ,  residing  at  —     — ,  and -, 

residing  at  —  — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 


and  who,  being1  by  me  duly  sworn,  say  they  were  present  and  saw 


the 


claimant,  sign  her  name  (or  make  her  mark)   to  the  foregoing  declaration;  thatj 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance  with  her  of years  and years,  respectively,  that  she  is  the  I 

identical  person  she  represents  herself  to  be;  and  that  they  have  no  interest  in  the; 
prosecution  of  this  claim. 


Sworn  to  and  subscribed  before  me  this day  of 


[Signatures  of  witnesses.] 
— ,  A.  D.  190—,  and  I 


[L.    8.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  wrere  fullyj 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing/ 

including  the  words ,  erased,  and  the  words ,' 

added ;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
this  claim. 


[Signature.  ] 


[Official  character. 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public 
justice  of  the  peace,  or  other  officer  authorized  to  admininister  oaths  for  general  purposes.    If 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  o] 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  : 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  wl 
authority  and  signature  are  duly  credited,  and  who  shall  disclaim  any  interest,  direct  or  indirect, : 
the  prosecution  of  the  claim. 


e  p    s 

*   *    a 


LAWS   KELATING    TO    ARMY    AND   NAVY   PENSIONS.  197 

F  [3—009.     Old  No.  3—015.]  F 


DECLARATION  FOR  PEXXIOX  OF  CHILDREN  UNDER  SIXTEEN  YEARS 

OF  AGE. 

STATE  OF—     —  ,  Count  tj  of  —     —  ,  ss: 


On  this  --  day  of  -     —  ,  A.  D.  one  thousand  nine  hundred  and  -     —  ,  per- 
sonally appeared  before  me,  a  —  —  ,  --  of  record  within  and  for  the 

unty  and  State  aforesaid,  —  —  ,  a  resident  of  -  ,  county  of 


co 


the  State  of  —  —  ,  aged  --  years,  who,  being  duly  sworn  according  to  law,  makes 
the  following  declaration  in  order  to  obtain  the  pension  provided  by  acts  of  Con- 
gress for  children  under  sixteen  years  of  age:  That  -  is  the  only  legal  guardian 
of  •  -  —  ,  legitimate  children  of  ---  ,  who1  —  —  under  the  name 
of  --  —  ,  at  -  ,  on  the  -  day  of  —  —  ,  A.  D.  18  —  ,  2—  —  in  the  war 
of  —  —  ,  who  was  discharged  -  ,  and  who  died  3  --  at  --  ,  on  the  - 
day  0£  _  —  ?  A.  D.  18  —  ;  that  he  left  -  widow  surviving4  --  ;  that 
the  following  named  are  the  only  surviving  legitimate  children  of  said  - 
-  who  are  under  sixteen  years  of  age  at  the  time  of  his  death: 


—  ,  ui  eui           uy  — 

,  j-o 
18 

>  A*' 

18 

18 

-   18 

,    -LO 
10 

,    J.O 

18 

,18-. 

.  18     . 

nf  snlHipr  l>v  

That  the  father  was  married  under  the  name  of to 6 , 

there  being  no  legal  barrier  to  such  marriage;  that  the  said  children  have  not  aided 

or  abetted  the  rebellion;  and  that—      —  prior  application  has  been  filed7 ; 

that  declarant  hereby  appoints  —  —  h —  attorney  to  prosecute  the  above 

claim;  that   h —  residence   is  at  No.  -  street,  in  the  of , 

comity  of ,  State  of  —    — ,  and  that  h —  post-office  address  is 


[Claimant's  signature.] 
Attest: 


Also  personally  appeared ,  residing  at  No. in  street,  in 

and  —  — ,  residing  at  No. in  —      —  street,  in  —     — ,  persons 


whom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who,  being  by  me  duly 

sworn,  say  that  they  were  present  and  saw ,  the  claimant,  sign 

name  (make mark)  to  the  foregoing  declaration;  that  they  have  every  reason 

1  "Was  enlisted,"  "  drafted,"  or  otherwise,  as  the  case  maybe. 
2State  company  and  regiment,  if  in  Army;  or  vessel,  etc.,  if  in  Navy. 

3  If  soldier  died  in  service,  so  state.    If  he  died  after  his  discharge  from  service,  state  cause  of  death 
and  when  and  where  he  contracted  the  fatal  disease  or  incurred  the  wound  or  injury  that  resulted  in 
his  death. 

4  If  widow  survived,  so  state,  giving  her  name  and  the  date  of  her  death  or  other  facts dive8ting  her 
title. 

6  State  names  of  children  and  their  mothers,  and  dates  of  birth. 
6  If  more  than  once  married,  so  state,  giving  names  and  dates  and  parties  oiliciating. 
?  If  either  soldier,  widow,  or  guardian  of  children  have  previously  applied,  so  state,  giving  date  and 
number  of  application. 


198 


LAWS    BELATING    TO    ARMY    AND    NAVY    PENSIONS. 


to  believe,  from  the  appearance  of  said  claimant  and  their  acquaintance  with , 

that is  the  identical  person represents to  be,  and  that  they  have  no 

interest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


Sworn  to  and  subscribed  before  me  this 


day  of 


A.  D.  190—,  and  I 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
[L.  s.]     made  known  and  explained  to  the  applicant  and  witnesses  before  swearing 

including  the  words ,  erased,  and  the  words ,  added;  and  that 

have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.  ] 


[Official  character.] 


1 

o 


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1 

All  the  blanks  in  this  form  should  be  carefully  filled  and  the  requirements  of  the  notes  strictly 
observed. 

A  discharge  from  the  service  in  all  cases  is  necessary. 

The  claimant's  identity  must  be  proven  by  two  witnesses,  who  are  present  and  witness  the  sit 
ture  of  the  declarant,  and  certify  to  his  identity  under  oath  or  affirmation. 

Declarations  and  other  papers  should  be  as  legible  and  as  clear  in  statement  as  possible. 

Where  any  evidence  is  already  on  file  in  any  department  of  the  Government,  a  definite  descrij 
of  and  specific  reference  to  it  will  render  it  available  in  any  subsequent  claim. 

The  post-office  address  (naming  street  and  number  in  all  large  cities)  of  the  applicant,  attorr 
and  witnesses  should  be  embodied  in  or  accompany  every  application  and  all  evidence  in  each  cl 
and  i-ach  change  of  residence  of  said  parties  while  communicating  with  the  Pension  Office  or 
pension  agents  should  be  stated. 

Pensions  are  by  law  exempted  from  any  liability  on  account  of  the  obligations  of  the  pensic 
and  no  lien  upon  them  can  be  recognized. 

All  facts,  testimony  of  which  is  required  to  establish  a  claim,  must  be  proven  by  the  affidavits  < 
two  or  more  credible  witnesses,  unless  other  evidence  is  specified. 

The  statements  of  claimants,  unless  duly  corroborated,  are  not  accepted  as  evidence. 

Declarations  and  testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  bef 
any  officer  whose  authority  and  signature  are  duly  certified  and  who  shall  disclaim  any  inter 
direct  or  indirect,  in  the  prosecution  of  the  claim. 

Persons  desiring  to  complete  claims  pending  at  the  decease  of  the  claimants  must  furnish  a  dt 
verified  certificate  of  their  authority  as  heirs  or  legal  representatives. 

"With  all  claims  for  arrears,  increase,  or  restoration  to  the  rolls,  the  original  pension  certificate  must 
be  returned  or  explanation  of  its  absence  must  be  given  under  oath. 

To  facilitate  the  adjudication  of  claims,  all  the  requisite  evidence  that  is  available  should  be  J^ 
warded  with  the  application. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  199 

H  [3-013.]  H 

DECLARATION  OF  A  MOTHER  FOR  ORIGINAL  PENSION. 

••ATE  OP ,  County  of ,  ss: 

( hi  this day  of ,  A.  D.  one  thousand  nine  hundred  and  —     — ,  person- 

lally  appeared  before  me,  a  —  —  within  and  for  the  county  and  State  afore- 

Isaid,  —  — ,  aged years,  a  resident  of  -      — ,  county  of  —     — ,  State  of 

— ,  who,  being  duly  sworn  according  to  law,  makes  the  following  declaration  in 
[order  to  obtain  pension  under  section  4707,  Revised  Statutes,  as  amended  June  27, 
1890,  granting  pensions  to  dependent  parents: 

That  she  is  the  mother  of ,  who  was [enrolled  or  commissioned] 

under  the  name  of  —  — ,  at on  the day  of  —    — ,  1 ,  asa  — 

;in  —      —  [here  state  rank  and  designation  of  organization  or  name  of  vessel]  and 

was  discharged  on  the day  of  —     — ,  1 ,  and  who  died  at  —      —  on  the  — 

day  of  —     — ,  1 of  —    —  [here  state  the  immediate  cause  of  death]  due  to 


i incurred  in  the  above-named  service.     That  he  was in  the  military  or  naval 

service  of  the  United  States  except  as  stated  above  —  —  [if  ar»y  other  serv- 

ice it  should  be  stated  in  full]. 

That  the  said  soldier  was  born  —  — ,  18 ,  at ;  that  he  was  — 

married;  that  he  left  no  widow,  nor  a  child  or  children  under  sixteen  years  of  age; 
that  his  personal  description  at  enlistment  was  as  follows:  Height,  —  — ;  complex- 
ion, —  — ;  color  of  eyes, ;  color  of  hair, ;  permanent  marks  or  scars, 

— ;  that  his  occupation  was  —     — . 

That  she  was  married  under  the  name  of —  to  the  father  of  the  said 

soldier  at  —    —  on  the day  of  —     — ,  18 . 

That  the  father  of  the  soldier  is  —  —  [if  dead,  state  the  date  of  his  death. 

If  living,  explain  w^hy  he  does  not  support  the  applicant]. 

That  she  has remarried.  —  [if  remarried,  state  the  date  and  place 

of  remarriage;  and  if  the  husband  is  living,  and  the  remarriage  was  prior  to  the  sol- 
dier'* death,  why  he  does  not  support  the  applicant]. 

That  she  has  no  other  adequate  means  of  support  than  the  ordinary  proceeds  of 
her  own  manual  labor  and  the  contributions  of  persons  not  legally  bound  to  aid  in 
her  support.  That  she  is  dependent  upon  —  —  [state  all  means  of  support]. 

That  she  has heretofore  applied  for  pension.  —  [if  prior  applica- 

tion has  been  made,  the  number  thereof,  the  service  on  which  it  was  based,  and  the 
name  of  the  soldier  should  be  stated]. 

That  her  post-office  address  is ,  county  of ,  State  of . 


[Claimant's  signature.] 

Attest: 

(1) . 

(2) . 


Also  personally  appeared ,  residing  at ,  and  -  , 

residing  at  —     — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw '— , 

the  claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance  with  her  of years  and  —    —  years,  respectively,  that  she  is  the 

identical  person  she  represents  herself  to  be;  and  that  they  have  no  interest  in  the 
prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


200 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


Sworn  to  and  subscribed  before  me  this 


dav  of 


-,  A.  D.  190—;  and  I 


[L.  s.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words  —  — ,  erased,  and  the  words ,  added; 

and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


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LAWS    RELATING    TO    AKMY    AND    NAVY    PENSIONS.  201 

[8—616,'] 
DECLARATION  OF  A    /''.I  Till-Ill   1<OR  ORIGINAL  PENSION. 

STATIC  OF ,  County  of  —     — ,  an: 

On  this day  of ,  A.  D.  one  thousand  nine  hundred  and  —  — ,  person- 
ally appeared  before  me,  a within  and  for  the  county  and  State  afore- 
said, —  — ,  aged  years,  a  resident  of ,  county  of  —  — ,  State 

of ,  who,  being  duly  sworn  according  to  law,  makes  the  following  declaration 

in  order  to  obtain  pension  under  section  4707,  Revised  Statutes,  as  amended  June 
27,  1890,  granting  pensions  to  dependent  parents: 

That  he  is  the  father  of—  — ,  who  was [enrolled  or  commissioned] 

under  the  name  of  — ,  at  ,  011  the day  of —  — ,  1 ,  as  a 

in [here  state  rank  and  designation  of  organization  or  name  of  vessel], 


and  was  discharged  on  the day  of  —  — ,  1 ,  and  who  died  at ,  on  the 

day  of ,  1 ,  of [here  state  the  immediate  cause  of  death],  due 

to ,  incurred  in  the  above-named  service.  That  the  said  soldier  was in 

the  military  or  naval  service  of  the  United  States  except  as  stated  above.  

: —  [if  any  other  service  it  should  be  stated  in  full]. 

That  the  said  soldier  was  born  —  — ,  18 — ,  at ;  that  he  was mar- 

ried; that  he  left  no  widow,  nor  a  child  or  children  under  sixteen  years  of  age;  that 

his  personal  description  at  enlistment  was  as  follows:  Height, ;  complexion, 

— ;  color  of  eyes, ;  color  of  hair, ;  permanent  marks  or  scars, ; 

that  his  occupation  was . 

That  he  was  married  to  —  — ,  the  mother  of  said  soldier,  at ,  on  the 

—  day  of  —     — ,  18 — ;  that  she  died  at  —    — ,  on  the day  of ,  1 . 

That  he  has  no  other  adequate  means  of  support  than  the  ordinary  proceeds  of  his 
own  manual  labor  and  the  contributions  of  persons  not  legally  bound  to  aid  in  his 
support;  that  he  is  unable  to  provide  himself  with  an  adequate  subsistence  for  the 
following  reasons: . 

That  his  occupation  is ;  that  his  income  from  all  sources,  including  his  earn- 
ings, is  $ per  annum. 

That  he  has heretofore  applied  for  pension. [if  prior  applica- 
tion has  been  made  the  number  thereof,  the  service  on  which  it  was  based,  and  the 
name  of  the  soldier  should  be  stated]. 

That  his  post-office  address  is ,  county  of ,  State  of . 


[Claimant's  signature.] 
Attest: 

(1) . 

(2) . 

Also   personally  appeared ,  residing  at  ,  and 


residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw — , 

the  claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance  with  him  of years  and years,  respectively,  that  he  is  the 

identical  person  he  represents  himself  to  be;  and  that  they  have  no  interest  in  the 
prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


202 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


Sworn  to  and  subscribed  before  me  this  day  of 


A.  D.  190—,  and  I 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

[L.  s.]     including  the  words  -  — ,  erased,  and  the  words 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


fc 

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3    ?     1 

O        OQ        OQ 

LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


203 


[3—018.     Old  No.  3—019.] 

DECLARATION  FOR  PENSION  O/-T  I) KTENDENT  BROTHERS  AND 

SISTERS. 


STATE  OF 


-,    (  nil  tit  if  of 


A.  I),  one  thousand  nine  hundred  and 


per- 


the  same  being  a  court  of  record 
,  a  resident  of , 


On  this  day  of  — 

sonally  appeared  before  me,  —  — ,  — 

within  and  for  the  county  and  State  aforesaid, 

county  of  —  — ,  in  the  State  of  —     — ,  aged years,  who,  being  duly  sworn 

according  to  law,  makes  the  following  declaration  in  order  to  obtain  the  pension 

provided  by  acts  of  Congress  for  dependent  brothers  and  sisters:  That is  the 

only  legal  guardian  of  —       —  brothers  and  sisters  —  — ,  who1  —      —  under 

the  name  of  —  — ,  at ,  on  the day  of ,  A.  D.  18 — ,2  — 

in  the  war  of  —     — ,  who  died3  —    —  at  —  — ,  on  the day  of  —     — ,  A.  D. 

18 — ,  and  who  bore  at  the  time  of  his  death  the  rank  of  —    —  in* ;  that  he 


that  the  above  named  are  the  only 
of    the  said 


left  neither  widow,  minor  child,  nor5  — 

legitimate  brothers   and   sisters,    including  those  of  the  half-blood, 

deceased  — surviving,  who  were  under  sixteen  years  of  age  at  the  time 

of  his  death  and  were  dependent  upon  him,  of  whom  6  —  — ;  that  said  brothers 

and  sisters  were  the  issue  of  the  parents  of  said  soldier,  as  follows,  the  dates  of  their 
birth  being  as  herein  stated:7 

— ,  child  of  —  —  and ,  born ,  18 — . 

— ,  child  of  —  —  and  —  — ,  born ,  18 — . 

— ,  child  of  —  —  and  —  — ,  born ,  18—. 

— ,  child  of  —  —  and  —  — ,  born  —    — ,  18 — . 

,  child  of  —  —  and  —  — ,  born  —     — ,  18 — . 

That  the  parents  were  married  under  the  names  of8  —  — , , 

their  being  no  legal  barrier  to  such  marriage;  that  none  of  said  brothers  or  sisters 
ive  aided  or  abetted  the  rebellion;  that  —    —  prior  application  has  been  filed;9 

that hereby  appoints  — h —  attorney  to  prosecute  the  above 

claim;  that  h —  residence  is  at  No. ,  in street,  in  the—    —  of; , 

county  of  —     — ,  State  of ,  and  that  h —  post-office  address  is  —     — , . 


Attest: 


[Claimant's  signature.] 


Also  personally  appeared 
,  and 


,  residing  at  No. ,  in street,  in 

residing  at  No. ,  in street,  in  —    — ,  persons 

whom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who,  being  by  me  duly 

sworn,  say  that  they  were  present  and  saw— ,  the  claimant,  sign  h — 

name  (make mark)  to  the  foregoing  declaration;  that  they  have  every  reason 

to  believe,  from  the  appearance  of  said  claimant  and  their  acquaintance  with , 

1 "  Was  enlisted,"  "drafted,"  or  otherwise,  as  the  case  may  be. 

2State  company  and  regiment,  if  in  Army;  or  vessel,  &c.,  if  in  Navy. 

3 State  nature  of  wounds  and  all  circumstances  attending  them,  or  the  disease  and  manner  in  which 
it  was  incurred;  in  either  case  showing  soldier's  death  to  have  been  the  sequence. 

4 "In  the  service  aforesaid,"  or  otherwise,  as  may  have  been  the  case. 

5  If  mother  or  father  survived  the  soldier  and  subsequently  died,  so  state,  giving  date  of  death; 
otherwise  add  "mother  nor  father  surviving." 

8  If  any  have  died  state  date  of  death. 

7 State  names  of  children  and  of  both  parents,  also  date  of  birth. 

''Give  names  of  parents  and  places  and  dates  of  marriages. 

9If  either  soldier  or 'his  father  or  mother  have  previously  applied,  so  state,  giving  date  and  number 
of  application. 


204 


LAWS    EELATING    TO    ARMY    AND    NAVY    PENSIONS. 


that is  the  identical  person represents self  to  be;  and  that  they  have 

no  interest  in  the  prosecution  of  this  claim. 


Sworn  to  and  subscribed  before  me  this day  of 


[Signatures  of  witnesses.  ] 
—  A.  D.  190—,  and  I 


[i,  A] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words ,  erased,  and  the  words ,  added;  and  that 

I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  character.] 


o 


<?  1 


3  g 

CO         W 

oj      0^ 

II 


O 


All  the  blanks  in  this  form  should  be  carefully  filled  and  the  requirements  of  the  notes  strictly 
observed. 

An  honorable  discharge  from  the  service  in  all  cases  is  necessary. 

Declarations  of  claimants,  either  for  original  pension  or  for  increase  of  pension  already  granted, 
must  be  made  before  a  court  of  record,  or  before  some  officer  thereof  having  custody  of  its  seal;  said 
officer  being  fully  authorized  and  empowered  to  administer  and  certify  any  oath  or  affirmation  relat- 
ing to  any  pension  or  application  therefor. 

The  claimant's  identity  and  loyalty  must  be  proven  by  two  witnesses,  certified  by  the  judicial  officer 
to  be  respectable  and  credible,  who  are  present  and  witness  the  signature  of  the  declarant,  and 
certify  to  his  identity  and  loyalty  under  oath  or  affirmation. 

Declarations  and  other  papers  should  be  as  legible  and  as  clear  in  statement  as  possible. 

Where  any  evidence  is  already  on  file  in  any  department  of  the  Government,  a  definite  description 
of  and  specific  reference  to  it  will  render  it  available  in  any  subsequent  claim. 

The  post-office  address  (naming  street  and  number  in  all  large  cities)  of  the  applicant,  attorney, 
and  witnesses  should  be  embodied  in  or  accompany  every  application,  and  all  evidence  in  each 
claim;  and  each  change  of  residence  of  said  parties,  while  communicating  with  the  Pension  Office 
or  the  pension  agents,  should  be  stated. 

Pensions  are,  by  law,  exempted  from  any  liability  on  account  of  the  obligations  of  the  pensioners, 
and  no  lien  upon  them  can  be  recognized. 

All  facts,  testimony  of  which  is  required  to  establish  a  claim,  must  be  proven  by  the  affidavits  of 
two  or  more  credible  witnesses,  unless  other  evidence  is  specified. 

The  statements  of  claimants,  unless  duly  corroborated,  are  not  accepted  as  evidence. 

Testimony,  in  support  of  allegations  made  in  a  declaration,  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 

Persons  desiring  to  complete  claims  pending  at  the  decease  of  the  claimants,  must  furnish  a  duly 
verified  certificate  of  their  authority  as  heirs  or  legal  representatives. 

With  all  claims  for  arrears,  increase,  or  restoration  to  the  rolls,  the  original  pension  certificate  must 
be  returned,  or  explanation  of  its  absence  must  be  given  under  oath. 

To  facilitate  the  adjudication  of  claims,  all  the  requisite  evidence  that  is  available  should  be  for- 
warded with  the  application. 


LAWS    RELATING    TO    AEMY    AND    NAVY    PENSIONS.  205 

U.  [3—029.     Old  No.  3—026.]  U. 

WAR    OF  1812,—  DECLARATION   OF  A    WIDOW  FOR   PENSION    UNDER 
ACT  OF  FEBRUARY  U,  1871. 

STATK  OF ,  County  of  — ,  ss: 

On  this day  of  ,  A.  D.  one  thousand  nine  hundred  and ,  per- 
sonally appeared  before  me , of  the  —       — ,  a  court  of  record 

within  and  for  the  county  and  State  aforesaid, — ,  aged  -    -  years,  a 

resident  of ,  county  of  ,  State  of ,  who,  being  duly  sworn  accord- 
ing to  law,  declares  that  she  is  the  widow  of ,  wrho  served  the  full 

period  of  sixty  days  in  the  ! service  of  the  United  States  in  the  war  of  1812; 

and  who  was  the  identical  —  —  who 2 —  —  in  Captain  —  — 's  com- 
pany,    regiment,  brigade, division,  at  ,  on  the day 

of  —  — ,  181-,  and  was  honorably  discharged  at  —  — ,  on  the day  of  -    — , 

181-;  that 3 —  — ;  that  she  was  married  under  the  name  of  -  —  to 

said on  the day  of ,  18 — ,  by ,  at ,  county 

of ,  State  of ,  there  being  no  legal  barrier  to  said  marriage;  that  her  said 

husband  died  at ,  on  the day  of ,  18 — ,  and  that  she  has  not  remar- 
ried since  his  death;  that  at  no  time  during  the  late  rebellion  against  the  authority 
of  the  United  States  did  she  or  her  said  husband  adhere  to  the  cause  of  the  enemies 
of  the  Government,  giving  them  aid  or  comfort,  or  exercise  the  functions  of  any 
office  whatever  under  any  authority,  or  pretended  authority,  in  hostility  to  the 
United  States;  that  she  will  support  the  Constitution  of  the  United  States;  that 
she  is  not  in  receipt  of  a  pension  under  any  previous  act;  that  she  makes  this  decla- 
ration for  the  purpose  of  being  placed  on  the  pension  roll  of  the  United  States  under 
the  provisions  of  the  act  approved  February  14,  1871,  and  hereby  constitutes  and 

appoints,  with  full  power  of  substitution  and  revocation  —         ,  of  -      — , 

her  true  and  lawful  attorney  to  prosecute  her  claim  and  procure  the  issuance  of  a 

pension  certificate  to  her.     That  her  post-office  address  is ,  county  of , 

State  of ,  and  her  domicile  or  place  of  abode  is , . 


[Applicant.] 
[Witnesses.] 


Also  personally  appeared  —  — ,  residing  at,  and  -  — ,  residing 

,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit,  and  who, 

being  by  me  duly  sworn,  say  they  were  present  and  saw ,  the  claim- 
ant, sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that  they  have 
every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their  acquaint- 
ance with  her,  that  she  is  the  identical  person  she  represents  herself  to  be;  and  at 
no  time  during  the  late  rebellion  against  the  authority  of  the  United  States  did  she, 
or  her  said  husband,  adhere  to  the  cause  of  the  enemies  of  the  Government,  or  give 
them  aid  or  comfort;  and  that  they  have  no  interest  in  the  prosecution  of  this 
claim. 


[Signature  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this day  of  —     — ,  A.  D.  190-,  and  I  hereby 

certify  that  the  contents  of  the  above  declaration  were  fully  made  known 

1 "  Military  "  or  "  naval." 

2  "Was  drafted,"  "enlisted,"  or  "was  enrolled." 

3  Here  give  place,  capacity,  and  manner  of  service,  and  any  historical  events  in  the  war  in  which 
he  participated,  or  with  which  he  was  connected. 


206 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


[L.  s.]     and  explained  to  the  applicant  and  witnesses  before  swearing,  including 

the  words  —      —  erased  and  the  words added;  and  that  I  have  no 

interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


Q 

s   £«       ° 

fa      "H  ,-3       «-« 

2    hlS     3 
"    og".    g 

^       Mr-*^ 

5^^ 

^O{H 

^i9 

3^g 

r~^  H  *— ' 


By  an  act  of  Congress  approved  February  14, 
1871,  pensions  at  the  rate  of  $8  per  month  are 
granted  to  the  officers  and  enlisted  and  drafted 
men  (both  militia  and  volunteers)  of  the  mili- 
tary and  naval  service  of  the  United  States  in 
the  war  of  1812  who  served  for  a  period  of  sixty 
days,  and  to  the  widows  of  those  who  have  died 
who  were  married  prior  to  the  treaty  of  peace 
(February  17,  1815)  which  terminated  said  war. 
Also  to  such  officers  and  soldiers  who  served  less 
than  sixty  days  who  have  been  personally  named 
in  any  resolution  of  Congress  for  any  specific 
service  in  said  war. 

Under  this  act  three  classes  of  claims  will  arise: 

First.— Ol  officers,  soldiers,  and  sailors,  who 
served  for  sixty  days,  who  have  never  been  pen- 
sioned for  a  disability  incurred  in  the  service  of 
the  United  States.  These  will  be  entitled  to  a  full 
pension  of  $8  per  month  from  February  14, 1871. 

Second. — Of  officers,  soldiers,  and  sailors,  who 
served  for  sixty  days,  but  who  are  in  receipt  of 
a  pension  for  disability  incurred  in  the  service  of 
the  United  States.  These  will  be  entitled  to  an 
increase  of  their  pension  to  $8  per  month  from 
February  14, 1871. 

Third.— Ol  widows  of  officers,  soldiers,  and  sail- 
ors who  served  sixty  days  who  were  married  to 
the  soldier  prior  to  the  treaty  of  peace  which 
terminated  said  war  (February  17, 1815),  and  who 
have  since  remarried.  These  will  not  be  entitled 
to  $8  per  month  from  February  14, 1871. 

If  the  term  of  service  was  less  than  sixty  days, 
there  is  no  claim  for  pension  under  this  act,  un- 
less the  person  who  served  has  been  personally 
mentioned  in  a  resolution  of  Congress  for  some 
specific  service  in  said  war;  in  which  case  he  or 
his  widow  is  entitled  to  the  same  benefits  under 
its  provisions  as  though  he  had  served  the  full 
period  of  sixty  days. 


[Signature  of  magistrate.] 


[Official  character.] 


An  honorable  discharge  from  the  service  in  all 
cases  is  necessary. 

Declarations  of  these  claimants  must  be  made 
before  a  court  of  record,  or  before  some  officer 
thereof  having  custody  of  its  seal,  said  officer 
being  fully  authorized  and  empowered  to  admin- 
ister and  certify  any  oath  or  affirmation  relating 
to  any  pension  or  application  therefor. 

The  claimant's  identity  and  loyalty  must  be 
proven  by  two  witnesses,  certified  by  the  judi- 
cial officer  to  be  respectable  and  credible,  who 
are  present  and  witness  the  signature  of  the 
declarant,  and  certify  to  his  identity  and  loyalty 
under  oath  or  affirmation. 

The  declaration  must  recite  the  name,  age,  and 
residence  of  claimant;  whether  married  or  ui 
married;  that  the  term  of  service  was  the  ful 
period  of  sixty  days;  or  that  he  has  been  m< 
tioned  in  a  resolution  of  Congress,  giving  dat 
of  resolution;  the  place  and  time  of  enlistmei 
and  discharge,  and  the  company,  regiment,  br 
gade,  and  division  in  which  he  served;  the  pit 
capacity,  and  manner  of  service,  and  his  partici 
pation   in,  or  connection  with,  any  historical 
event  of  the  war  are  particularly  desired  to  be 
mentioned. 

The  declaration  must  also  contain  the  follow- 
ing oath: 

"That  I  (if  a  widow,  "That  neither  I  nor  my 
said  husband")  at  no  time  during  the  late  re- 
bellion against  the  authority  of  the  United 
States  adhered  to  the  cause  of  the  enemies  of 
the  Government,  giving  them  aid  or  comfort,  or 
exercised  the  functions  of  any  office,  under  any 
authority,  or  pretended  authority,  in  hostility  to 
the  United  States,  and  that  I  will  support  the 
Constitution  of  the  United  States." 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  207 

U.  [3—028.] 

WAR  OF  1812. 

CLAIM  OF  WIDOW  FOR  SERVICE  PENSION  UNDER  THE  PROVISIONS 
OF  SECTIONS  4736  TO.  4740  (INCLUSIVE),  REVISED  STATUTES,  AND 
THE  ACT  OF  MARCH  9,  1878. 

[N.  B.— All  the  blank  spaces  in  this  form  must  be  carefully  filled  up  in  accordance  with  the 
instructions  on  the  back  hereof  and  from  the  best  information  possessed,  or  obtainable,  by  the 
applicant.] 


STATE  OF ,  County  of ,  ss: 

On  this day  of  ,  A.  D.  one  thousand  nine  hundred  and  ,  per- 
sonally appeared  before  me, ,  the  same  being  a  court  of  record  within 

and  for  the  county  and  State  aforesaid,  (1)  ,  aged  years,  a  resident  of 

,  in  the  State  of  -      — ,  who,  being  duly  sworn  according  to  law,  declares 

that  she  is  the  widow  of  (2)  —  ,  deceased,  who  was  the  identical  (3) 

who  served  under  the  name  of  (4) as  a  (5) in  the  com- 
pany commanded  by  Captain ,  in  the regiment  of ,  com- 
manded by ,  in  the  war  of  1812;  that  her  said  husband  (6) at 

—  on  or  about  the day  of ,  A.  D. ,  for  the  term  of  —     — ,  and 

continued  in  actual  service  in  said  war  for  the  term  of  (7) ,  and  whose  serv- 
ices terminated,  by  reason  of  (8) ,  at ,  on  the day  of ,  A.  D. 

.     She  further  states  that  the  following  is  a  full  description  of  her  said  husband 

at  the  time  of  his  enlistment,  viz:  (9) .  She  further  states  that  she  was  mar- 
ried to  the  said at  the  city  (or  town)  of  in  the  county  of 

,  and  in  the  State  of  ,  on  the day  of ,  A.  D. ,  by  one 

(10) ,  who  was  a  (11) ;  and  that  her  name  before  her  said  marriage 

was ;  and  she  further  states  that  (12) ,  and  that  her  said  hus- 
band (13) died  at ,  in  the  State  of ,  on  the day  of  —  — , 

A.  D. ,  and  that  she  has  not  again  married;  and  she  further  declares  that 

the  following  have  been  the  places  of  residence  of  herself  and  her  said  husband 

since  the  date  of  his  discharge  from  the  Army,  viz:  (14) , .     She  makes 

this  declaration  for  the  purpose  of  obtaining  the  pension  to  which  she  may  be  en- 
titled under  sections  4736  to  4740  (inclusive),  Revised  Statutes,  and  the  act  of 
March  9,  1878,  and  hereby  appoints  —  — ,  of  —  — ,  her  true  and  lawful 

attorney  to  prosecute  her  claim;  and  she  further  declares  that  she  has  heretofore 

made  —      —  application  for  (15)  —    —  and  that  her  residence  is  No. ,  — 

street,  city  (or  town)  of ,  county  of  ,  State  of ,  and  that  her 

post-office  address  is . 


[Signature  of  claimant.] 
Attest: 


Also  personally  appeared ,  aged  years,  residing  at  No.  - 

—  street,  in ,  and  —  — ,  aged years,  residing  at  No. 

-  street,  in ,  persons  whom  I  certify  to  be  respectable  and  entitled 

to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they  have  known  the  said 

—  for years  and  for years,  respectively;  that  they  were  present 

and  saw  her  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 
acquaintance  with  her,  that  she  is  the  identical  person  she  represents  herself  to 
be;  and  they  further  say  they  are  able  to  identify  her  as  the  person  who  was 
the  wife  of  the  identical  (16) ,  who  rendered  the  service  alleged  in 


208 


,AWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


the  above  application  (in  the  company  of  Captain ,   in  the  regiment 

of ,  in  the  war  of  —      — )  by  the  following-named  facts  and  circumstances, 


viz: 


and  that  they  have  no  interest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


Sworn  to  and  subscribed  before  me  this 


day  of 


— ,  A.  D.  190—;  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully  made  |:> 
known  and  explained  to  the  applicant  and    witnesses  before  swearing,  including  I 

the  words ,  erased,  and  the  words ,  added;  and  that  I  have  no  inter-  |le| 

est,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[L.  S.] 


[Official  character.] 


be 

& 


NOTES. 

1  Here  allege  full  name  of  applicant. 

2  Here  allege  full  name  of  soldier. 

3  Here  allege  again  the  name  of  soldier. 

*  Here  allege  the  name  under  which  the  soldier  served. 
6  Here  allege  the  rank  under  which  the  soldier  served. 

6  Here  state  "  enlisted, "  "  volunteered,"  or  "  was  drafted,"  as  the  case  may  be. 

7  Here  state  the  number  of  days  or  months  of  service  rendered  by  the  soldier;  fourteen  days  being 
the  shortest  period  for  which  service  pension  is  by  law  allowed,  unless  the  soldier  was  actually- 
engaged  in  a  battle.    If  the  claim  is  made  for  battle  service  the  blank  should  be  so  varied  as  to  allege 
such  service  in  addition  to  the  allegation  of  term  of  service. 

8 Here  insert  the  words  "an  honorable  discharge,"  or  "death,"  as  the  case  may  be. 

9  Here  let  a  full  description  of  soldier  follow,  giving  ago,  occupation,  birthplace,  height,  color  of 
hair,  eyes,  and  complexion,  and  all  other  particulars  as  to  description. 

10  Here  allege  the  name  of  the  person  who  performed  the  marriage  ceremony. 

11  Here  state  the  official  character  of  the  person  who  performed  the  ceremony;  i.  c.,  whether  a  min- 
ister of  the  gospel  or  a  justice  of  the  peace,  <fec. 

li!Here  state  whether  the  claimant  or  her  husband  (the  soldier)  had  been  previously  married;  HIM! 
if  cither  had,  the  name  of  the  former  husband  or  wife  should  be  stated;  and  the  date  and  place  of 
the  death  of,  or  divorce  from,  the  former  consort  should  be  alleged. 

13  Here  insert  the  name  of  the  husband  on  account  of  whose  service  and  death  the  claim  is  made. 

11  Here  state  all  the  places  of  residence;  if  in  a  city,  giving  the  street  and  number;  and  from  and 
to  what  dates  he  resided  at  each  place. 

'5  if  any  application  for  bounty,  land,  or  pension,  has  previously  been  made,  state  the  fact  here, 
giving  the  date,  and  number,  if  possible,  and  the  act  of  Congress  under  which  the  claim  was  made; 
and  designating  whether  it  was  a  claim  for  bounty  land  or  pension,  and  whether  a  warrant  for  the 
land  or  certificate  for  the  pension  was  ever  issued. 

16  Here  insert  the  name  of  the  soldier. 

"  Here  name  all  the  factsand  circumstances  which  enable  the  witnesses  to  swear,  from  a  personal 
knowledge,  that  the  claimant  is  the  widow  of  the  identical  person  who  rendered  the  service  alleged 
in  the  claim. 

All  services  rendered  by  the  soldier  in  the  war  for  which  claim  is  made,  or  in  any  other  war,  with 
the  names  of  officers  in  each  service,  must  be  given  in  the  application. 

If  this  blank  is  used,  it  will  be  useless  to  fill  the  spaces  relating  to  the  appointment  of  attorneys. 

If  the  service  was  rendered  as  a  substitute,  the  name  of  the  principal  for  whom  the  substitute 
served  should  be  given. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  209 

[3—034.     Old  No.  a— 037.1 
MEXICAN  WAR  PENSION. 

[Act  of  January  2'.),  A.  I).  ISSV.] 

DECLARATION  OF  SURVIVOR  FOR  J'HXXION. 

STATE  OF ,  County  of ,  ss: 

On  this  -  -  day  of  -  — ,  A.  D.  one  thousand  nine  hundred  and  -  — , 
personally  appeared  before  me,  —  — ,  a  resident  of  —  — ,  in  the  county  of 

,  in  the  State  of ,  who,  being  by  me  first  duly  sworn  according  to  law, 

deposes  and  says: 

I  am  the  identical who  served  under  the  name  of —  as 

a in  the  company  commanded  by  Captain  —  — ,  in  the  —  —  regiment  of 

[if  in  naval  service,  name  vessel,  etc.],  commanded  by—  — ,  in  the  war 

I  with  Mexico;  that  I  enlisted  at ,  on  or  about  the day  of  —  — ,  A.  D. 

• ,  for  the  term  of ,  and  was  honorably  discharged  at ,  on  the 

day  of .  A.  D.  18—. 

First  group  of  facts  which  will  entitle  to  pension. 

That,  being  duly  enlisted  as  aforesaid,  I  actually  served  sixty  days  with  the  Army 
lor  Navy  of  the  United  States  in  Mexico,  or  on  the  coast  or  frontier  thereof,  or  en 
jroute  thereto,  in  the  war  with  that  nation,  which  service  was  as  follows: . 

(a)  That  I  am years  of  age,  having  been  born  at , ,  on  the 

Iday  of ,  18—. 

(or  b)   That  I  am  dependent  on  others  than  those  legally  bound  for  my  support 
[for  my  livelihood;  that  I  have  been  so  dependent  since  —     — ,  and  that  the  — 
lupon  whom  I  am  dependent  is  —               — ,  of  —  — ,  who  has  afforded  me  the 
(following  support:  [Here  describe  what  has  been  done  for  your  support.] 

(or  c]  That   I  am   disabled   by  reason  of ,  which  said  disability  was  not 

Jincurred  while  in  any  manner  voluntarily  engaged  in  aiding  or  abetting  the  late 
[rebellion  against  the  authority  of  the  United  States,  but  that  said  disability  was 

[incurred,  at ,  on  or  about  the day  of ,  A.  D. ,  in  manner  as 

[follows: . 

Second  group  of  facts  which  will  entitle  to  pension. 

That,  being  so  actually  enlisted  as  aforesaid — 

(a)  That  I  am years  of  age,  having  been  born  at  —    — ,  on  the day  of 

I— ,  A.  D.  18—. 


(or  b)  I  was  actually  engaged  in  battle  with  the  enemy  in  the  war  with  Mexico, 
reo  wit:  In  the  battle  of ,  on  the day  of ,  18 — . 

(or  c)  That  I  am  dependent  on  others  than  those  legally  bound  for  my  support 

nor  my  livelihood;  that  I  have  been  so  dependent  since ,  and  that  the 

[upon  whom  I  am  dependent  is ,  of  —  — ,  who  has  afforded  me  the 

[following  support:  [Here  describe  what  has  been  done  for  your  support]  — 

(or  d)  That  I  am  disabled  by  reason  of  —  — ,  which  said  disability  was  not 
incurred  while  in  any  manner  voluntarily  engaged  in  aiding  or  abetting  the  late 
•rebellion  against  the  authority  of  the  United  States,  but  that  said  disability  was 
incurred  at ,  on  or  about  the day  of ,  18 — ,  in  manner  as  follows: 


Third  group  of  facts  which  will  entitle  to  pension. 

I  was  personally  named  in  a  resolution  of  Congress  for  a  specific  service  in  said 
Iwar,  to  wit:  In  the  resolution  of  the day  of ,  18 — . 

(a)  That  I  am years  of  age,  having  been  born  at , ,  on  the 

Iday  of ,  18—. 

(or  6)  That  I  am  dependent  oo  others  than  those  legally  bound  for  my  support 
5323—02 14 


210 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


for  my  livelihood;  that  I  have  been  so  dependent  since 
upon  whom  I  am  dependent  is ,  of 


and  that  the 


who  has  afforded  me  the 


following  support:  [Here  describe  what  has  been  done  for  your  support.]  

(ore)  That  I  am  disabled  by  reason  of—  — ,  which  said  disability  was  not 
incurred  while  in  any  manner  voluntarily  engaged  in  aiding  or  abetting  the  late 
rebellion  against  the  authority  of  the  United  States,  but  that  said  disability  was 
incurred  at  —  — ,  on  or  about  the day  of  —  — ,  18 — ,  in  manner  as  follows: 


That  I  am married;  that  the  maiden  name  of  my  wife  wan  —  — ,  to 

whom  I  was  married  at  —     — ,  in  the  State  of ,  on  the day  of  — 

A.  D.  —     — ;  that  my  wife  is  now  —     — ,  having  died  on  the day  of  — 

A.  D.  -     — ,  at  -     — ,  in  the  State  of  -      — ;  that  I  have since  remarried; 

that  the  name  of  my  present  wife  is  —  — . 

That  in  support  and  proof  of  my  right  to  pension  I  tender  herewith,  under  the 
regulations  prescribed  by  the  Secretary  of  the  Interior,  the  following  evidence: 
,  and  the  affidavits  of  — . 

That  I  have heretofore  made  application  for  pension  or  bounty  land,  which 

said  claim  is'No. . 

That  I  am a  pensioner  of  the  United  States  under  certificate  No.  — 

the  rate  of  —      —  dollars  per  month.     That  since  my  discharge  from  said  service 
have  resided  as  follows,  to  wit:  . 

That  I  am  not  laboring  under  any  political  disabilities  imposed  by  the  fourteen! 
amendment  to  the  Constitution  of  the  United  States. 


Witnesses: 


[Claimant  sign  here.] 


STATE  OF  — 
Before  me, 
A.D.- 


County  of 


,  a  clerk  of  a  court  of  record,  on  this day  of  — 

,  personally  appeared ,  known  to  me  as  the  person  described  I 


in  and  who  signed  and  executed  the  foregoing  declaration  for  pension,  and  whom 
I  certify  to  be  a  credible  person  and  of  good  repute  for  truth  and  veracity  in  the! 
community  in  which  he  lives,  who,  being  by  me  first  duly  sworn,  deposes  and  says 
that  he  has  read  [if  claimant  can  not  read,  read  to  him  and  .so  state  in  acknowledg-j 
ment]  the  foregoing  declaration  and  knows  the  contents  thereof,  and  that  all  of  tl 
facts  therein  stated  are  true. 

[L.  8.] 


pa     I 

?    I 


t.   £ 

.is    » 

Is.  ft 


t      9 


0*0000 

"  I— I  T-H 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  211 

AN  ACT  granting  pensions  to  the  soldiers  and  sailors  of  the  Mexican  war.  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  thf  l'nH«l  M<ttc*  »f  Anm-n-n  i.»  ('<>/////>  x.s 
•wanbled,  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized  and  directed  to  place  on 
the  pension  roll  the  names  of  the  surviving  officers  and  enlisted  men,  inclxiding  marines,  militin,  ;md 
volunteers,  of  the  military  and  naval  services  of  the  United  States,  who,  being  duly  enlisted,  actually 
•served  sixty  days  with  the  Army  or  Navy  of  the  United  States  in  Mexico,  or  on  the  coasts  or  frontier 
-.hereof,  or  en  route  thereto,  in  the  war  with  that  nation,  or  were  actually  engaged  in  a  battle  in  said 
Lrar,  and  were  honorably  discharged,  and  to  such  other  officers  and  soldiers  and  sailors  as  may  have 
Oeen  personally  named  in  any  resolution  of  Congress  for  any  specific  service  in  said  war,  and  the  sur- 
viving widow  of  such  officers  and  enlisted  men:  Provided,  That  such  widows  have  not  remarried: 
[Provided,  That  every  such  officer,  enlisted  man,  or  widow  who  is  or  may  become  sixty-two  years  of 
ige,  or  who  is  or  may  become  subject  to  any  disability  or  dependency  equivalent  to  some  cause  pre- 
scribed or  recognized  by  the  pension  laws  of  the  United  States  as  a  sufficient  reason  for  the  allowance 
)f  a  pension,  shall  be  entitled  to  the  benefits  of  this  act;  but  it  shall  not  be  held  to  include  any  person 
lot  within  the  rule  of  age  or  disability  or  dependence  herein  defined,  or  who  incurred  such  disability 
vhile  in  any  manner  voluntarily  engaged  in  or  aiding  or  abetting  the  late  rebellion  against  the 
minority  of  the  United  States. 

SEC.  2.  That  pensions  under  section  one  of  this  act  shall  be  at  the  rate  of  eight  dollars  per  month, 
Lnd  payable  only  from  and  after  the  passage  of  this  act,  for  and  during  the  natural  lives  of  the  per- 
ons  entitled  thereto,  or  during  the  continuance  of  the  disability  for  which  the  same  shall  be  granted: 
IfYtwufed,  That  section  one  of  this  act  shall  not  apply  to  any  person  who  is  receiving  a  pension  at  the 
rate  of  eight  dollars  per  month  or  more,  nor  to  any  person  receiving  a  pension  of  less  than  eight  dol- 
lars per  month,  except  for  the  difference  between  the  pension  now  received  (if  less  than  eight  dollars 
|»er  month)  and  eight  dollars  per  month. 

I  SEC.  3.  That  before  the  name  of  any  person  shall  be  placed  on  the  pension-roll  under  this  act,  proof 
I  hall  be  made,  under  such  rules  and  regulations  as  the  Secretary  of  the  Interior  may  prescribe,  of  the 
light  of  the  applicant  to  a  pension;  and  any  person  who  shall  falsely  and  corruptly  take  any  oath 
Jequired  under  this  act  shall  be  deemed  guilty  of  perjury;  and  the  Secretary  of  the  Interior  shall 
lause  to  be  stricken  from  the  pension- roll  the  name  of  any  person  whenever  it  shall  be  made  to  appear 
Ly  proof  satisfactory  to  him  that  such  name  was  put  upon  such  roll  through  ialse  and  fraudulent  rep- 
lesentations,  and  that  such  person  is  not  entitled  to  a  pension  under  this  act.  The  loss  of  the  certifi- 
late  of  discharge  shall  not  deprive  any  person  of  the  benefits  of  this  act,  but  other  record  evidence 
If  enlistment  and  service  and  of  an  honorable  discharge  may  be  deemed  sufficient:  Provided,  That 
Irtien  any  person  has  been  granted  a  land-warrant,  under  any  act  of  Congress,  for  and  on  account  of 
Jen-ice  in  the  said  war  with  Mexico,  such  grant  shall  be  prima  facie  evidence  of  his  service  and  hon- 
Irable  discharge;  but  such  evidence  shall  not  be  conclusive,  and  may  be  rebutted  by  evidence  that 
luch  land- warrant  was  improperly  granted. 

I  SEC.  4.  That  the  pension  laws  now  in  force  which  are  not  inconsistent  or  in  conflict  with  this  act 
Ire  hereby  made  a  part  of  this  act,  so  far  as  they  may  be  applicable  thereto. 

j  SEC.  5.  That  section  forty-seven  hundred  and  sixteen  of  the  Revised  Statutes  is  hereby  repealed  so 
|  ir  as  the  same  relates  to  this  act  or  to  pensioners  under  this  act. 

1  SEC.  6.  That  the  provisions  of  this  act  shall  not  apply  to  any  person  while  under  the  political  disa- 
bilities imposed  by  the  fourteenth  amendment  to  the  constitution  of  the  United  States. 
ij  Approved,  January  29, 1887. 


[3—035.    Old  No.,  3-037a.] 
MEXICAN  WAR  SERVICE  PENSION— ACT  OF  JANUARY  5,  1893. 

DECLARATION  FOR    THE  INCREASE   OF  A  MEXICAN  WAR  SERVICE 

PENSION. 

PATE  OF ,  County  of ,  ss: 

On  this day  of  ,  A.  D.  one  thousand  nine  hundred  and  ,  per- 

Mially  appeared  before  me,  a  -       -  within  and  for  the  county  and  State  afore- 
,  aged  years,  a  resident  of  the of  ,  county  of 


— ,  State  of  —  — ,  who,  being  sworn  according  to  law,  declares  that  —  —  is  a 
lensioner  of  the  United  States,  enrolled  at  the  —  —  pension  agency  at  the  rate  of 
8  per  month,  under  the  act  of  January  29,  1887,  or  the  act  of  March  3,  1891,  on 

kcount  of  the  service  of  ,  in  Captain company,  —   Regi- 

nent,  —     — ,  from ,  18 — ,  to ,  18—,  in  the  Mexican  war;  and  that  — 

h  wholly  disabled  for  manual  labor  by  reason  -  -  [Here  name  the  disabilities 
torn  which  the  applicant  suffers],  and  is  in  such  destitute  circumstances  that  $8  per 
aonth  are  insufficient  to  provide  with  the  necessaries  of  life,  and  that 


212 


LAWS    KELATING    TO    ARMY    AND    NAVY    PENSIONS. 


believes self  to  be  entitled  to  an  increase  to  $12  per  month  under  the  provisions 

of  the  act  of  January  5,  1893.     That appoints  —  — ,  of  -      — ,  county  I 

of ,  State  of  -      — ,  true  and  lawtul  attorney,  to  prosecute claim.     That) 


post-office  address  is 

Attest: 


-,  county  of 


State  of 


residing  at 


[Claimant's  signature.] 


and 


Also  personally  appeared  - 

residing  at  —  —  ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit,] 
and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw 
the  claimant,  sign  -  name  (or  make  -  mark)  to  the  foregoing  declaration;! 
that  they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and] 
their  acquaintance  with  -  ,  that  --  is  the  identical  person  --  represents  --  self! 
to  be,  and  that  they  have  no  interest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this  -   -  day  of  ,  A.  D.  190-,  and 

.    hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  full 

made  known  and  explained  to  the  applicant  and  witnesses  before  swearii 
[L.  s.]     including  the  words  —    — ,  erased,  and  the  words  -       -  added,  and 
I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.  ] 


[Official  signature.] 


II 


3 

3    § 

§    * 


I 


The  post-office  address  (naming  street  and  number  in  all  large  cities)  of  the  applicant,  at 
and  witnesses  should  be  embodied  in  or  accompany  every  application,  and  all  evidence  in 
claim;  and  each  change  of  residence  of  said  parties,  while  communicating  with  the  Bureau  of 
sions  or  the  pension  agents,  should  be  stated. 

Pensions  are,  by  law,  exempted  from  any  liability  on  account  of  the  obligations  of  the  pensi 
and  no  lien  upon  them  can  be  recognized. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer,  wJ 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect, 
the  prosecution  of  the  claim. 

If  executed  before  any  officer  not  required  by  law  to  have  a  seal,  the  official  character  and 
ture  of  such  officer  should  be  certified  by  the  clerk  of  the  county  or  court  of  record  or  other  pro| 
officer  under  his  official  seal. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


213 


[3—036.     Old  No.  3—038.] 
MEXICAN  WAR. 

\OLA1M  OF  WIDOW  FOR  SERVICE  PENSION  UNDER  ACT  OF  JANUARY 

29,  1887. 


(SEE  REQUIREMENTS.) 


J5TATE   OF   • 

On  this 


-,  Count  if  of 
day  of  — 


-,  A.  D.  one  thousand  nine  hundred  and 


-,  per- 


within  and  for  the  county  and  State  afore- 


lonally  appeared  before  me,  a 
laid,  --  -  ,  aged  -  years,  who,  being  duly  sworn  according  to  law, 
lleclares  that  ^he  is  the  widow  of  --  ,  deceased,  who  was  the  identical 
|>erson  who  served  under  the  name  of  --  ,  as  a  -  in  the  company 


)mmanded  by  Capt. 


-,  in  the 


Regiment 


[if  in  the  Navy,  name 


commanded  b 


,  in  the  Mexican  war;  that  he  enlisted  at 

on  or  about  the day  of ,  A.  D.  18 — ,  and  was  discharged 


on  the  • 
—  Co., 


day  of 
—  Regt. 


,  A.  D.  18  —  ;  that  he  also  served  in  Capt. 
Vols.,  from  -  ,  18—,  to  -  ,  18  — 


mat  he  was  engaged  in  the  following-named  battles: 


that  he  was 


therwise  employed  in  the  military  or  naval  service  of  the  United  States;  that  he 

|.lso  served  in  the  war  of  the  rebellion  in  Co. ,  Regt., . 

That  at  the  time  of  entering  the  service  claimed  for,  her  said  husband  was 

irs  of  age, feet inches  in  height,  with eyes,  —    —  hair,  — 

>mplexion,  by  occupation  a  ,  and  that  he  was  born  at  ,  county  of 

-,  State  of . 


-,  A.  D.  18—,  at ,  by 

-;  that  he  had  (or  had  not) 


That  after  leaving  the  service  he  resided  at  ,  years,  at 

|  ears,  at , years,  and  at . 

That  she  was  married  to  him  on  the day  of 

,  a  —  — ,  under  the  name  of '• 

[teen  previously  married  to 

..  D.  18 — ;  that  she  had  (or  had  not)    been  previously  married  to , 

rho on  the day  of ,  18— . 

That  her  said  husband  died  at  —     — ,  on  the day  of ,  A.  D.  18 — ;  that 

has  (or  has  not)  since  remarried. 

That  she  is years  of  age,  and  was  born  on  the day  of ,  A.  D.  18 — , 


-,  who on  the  day  of 


That  she  has  been  dependent  for  support  (wholly  or  in  part)  since ,  A.  D. 

upon   -  not  legally  bound  for  her  support;  that  she  owns  real 


ite  as  follows: 


and  personal  property  as  follows: 


and  that  her 


icome  from  all  sources  except  her  own  labor  is  —    —  dollars  per  year. 
That  she  has  —       -  heretofore  made  application  for  pension;  that  the  number 

her  claim  is . 

That  she  is  —      —  a  pensioner  of  the  United  States  by  certificate  No. ;  that 

has  —   —  made  application  for  bounty  land,  the  number  of  her  land  warrant 

iing ;  that  her  husband  did  -       -  make  application  for  pension,  the  num- 

jr  of  his  claim  being ;  that  her  husband  was  —      —  a  pensioner  of  the  United 

ites  under  certificate  No. ;  that  he  did  —       -  make  application  for  bounty 

id,  the  number  of  his  warrant  being . 

That  she  makes  this  application  for  the  purpose  of  obtaining  a  pension  under 
provisions  of  the  act  approved  January  29,  1887,  and  hereby  appoints  - 
-,  of ,  her  true  and  lawful  attorney. 


214          LAWS    RELATING   TO    AKMY    AND   NAVY   PENSIONS. 

That  her  post-office  address  is  No. ,  street,  (city  or  town  of) 

county  of ,  State  of . 


[Signature  of  claimant  in  full.] 
Attest: 


Also  personally  appeared  ,  aged  years,  residing  at and 

,  aged  years,  residing  at  ,  persons  whom  I  certify  to  be 

respectable  and  entitled  to  credit,  and  who,  being  by  me  duly  sworn,  say  that  they 

have  known  the  said for . years  and years,  respectively;  that 

they  were  present  and  saw  her  sign  her  name  (or  make  her  mark)  to  the  foregoing 
declaration;  that  they  have  every  reason  to  believe,  and  do  believe  from  the  appear- 
ance of  said  claimant,  and  from  their  personal  acquaintance  with  her,  that  she  is  the 
identical  person  she  represents  herself  to  be,  and  that  they  have  no  interest  in  the 
prosecution  of  this  claim. 


[Signatures  of  identifying  witnesses.] 


[If  either  witness  sign  by  mark  two  persons  who  write  must  sign  here.] 

Sworn  to  and  subscribed  before  me  this  day  of  ,  A.  D.  190-;  and 

hereby  certify  that  the   contents  of   the  above  declaration,  etc.,   were  read 
explained  to  the  applicant  and  witnesses  before  swearing,  including  the  woi 

,  added,  and  the  words  ,  erased;  and  that  I  have  no  interest,  direct 

indirect,  in  the  prosecution  of  this  claim. 

[L.  S.] 


[Official  character.] 

REQUIREMENTS. 

A  full  and  explicit  reply  is  required  to  all  questions  indicated  by  this  blank. 

This  declaration  and  all  evidence  must  be  executed  before  some  officer  authorized 
to  administer  oaths  for  general  purposes.  The  official  character  and  signature  of  any 
officer  not  required  by  law  to  use  a  seal  must  be  certified  by  the  clerk  of  the  proper 
court,  giving  dates  of  beginning  and  close  of  official  term. 

Claimants  under  this  act  are  entitled  to  pension  from  the  day  (on  or  after  January 
29,  1887)  on  which  they  become  62  years  of  age,  or  from  the  beginning  of  any  period 
after  January  28,  1887,  and  before  arriving  at  that  age,  if  dependent. 

The  claimant  and  witnesses  should  state,  under  oath,  claimant's  means  of  sul 
ence,  whether  the  claimant  has  in  possession  any  property,  real  or  personal,  and, 
so,  clearly  describe  the  same,  carefully  state  its  value,  and  the  annual  income  deri\ 
therefrom,  and  from  all  other  sources,  excluding  income  derived  from  her  own  lal 
Evidence  regarding  property,  income,  and  means  of  subsistence  should  cover  tl 
entire  period  from  January  29,  1887,  or  date  of  soldier's  death,  to  date  of  arrival 
62  years  of  age  or  to  the  present  time. 

Record  or  other  competent  evidence  of  the  marriage  of  a  widow  claimant  to 
soldier  should  be  furnished. 

If  either  claimant  or  soldier  were  previously  married,  proof  of  death  or  div< 
from  former  consort  or  consorts  should  be  furnished. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


215 


Record  or  other  competent  evidence  of  the  fact   and  date  of  death  of  the  soldier 
lould  be  furnished. 

It  should  be  shown  by  competent  testimony  whether  a  widow  making  appliea- 
HI  has  remarried  since  the  soldier's  death. 
State  full  name  and  post-office  address,  give  name  of  town,  county,  and  State, 
nth  street  and  number  if  residing  in  a  city. 
Witnesses  must  state  their  ages  and  means  of  knowledge. 


216 


LAWS    RELATING    TO    AKMY    AND    NAVY    PENSIONS. 


?  a 

W  K* 

S     i*~ 


I 


AN  ACT  granting  pension  to  the  soldiers  and  sailors  of  the  Mexican  war,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Cone, 
assembled,  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized  and  directed  to  plac 
on  the  pension  roll  the  names  of  the  surviving  officers  and  enlisted  men,  including  marines,  militu 
and  volunteers,  of  the  military  and  naval  services  of  the  United  States,  who,  being  duly  enlist* 
actually  served  sixty  days  with  the  Army  or  Navy  of  the  United  States  in  Mexico,  or  on  the  coasts  i 
frontier  thereof,  or  en  route  thereto,  in  the  war  with  tha^  nation,  or  were  actually  engaged  in  a  battl( 
in  said  war,  and  were  honorably  discharged,  and  to  such  other  officers  and  soldiers  and  sailors 
may  have  been  personally  named  in  any  resolution  of  Congress  for  any  specific  service  in  said  war, 
and  the  surviving  widows  of  such  officers  and  enlisted  men:  Provided,  That  such  widows  have  not  j 
remarried:  Provided,  That  every  such  officer,  enlisted  man,  or  widow  who  is  or  may  become  sixty-- 
two  years  of  age,  or  who  is  or  may  become  subject  to  any  disability  or  dependency  equivalent  to 
some  cause  prescribed  or  recognized  by  the  pension  laws  of  the  United  States  as  a  sufficient  reason 
for  the  allowance  of  a  pension,  shall  be  entitled  to  the  benefits  of  this  act;  but  it  shall  not  be  held  to  ] 
include  any  person  not  within  the  rule  of  age  or  disability  or  dependence  herein  defined,  or  wl 
incurred  such  disability  while  in  any  manner  voluntarily  engaged  in  or  aiding  or  abetting  the  lat 
rebellion  against  the  authority  of  the  United  States. 

SEC.  2.  That  pensions  under  section  one  of  this  act  shall  be  at  the  rate  of  eight  dollars  per  month, 
and  payable  only  from  and  after  the  passage  of  this  act,  for  and  during  the  natural  lives  of  the 
sons  entitled  thereto,   or  during  the  continuance  of  the  disability  for  which  the  same  shall 
granted:  Provided,  That  section  one  of  this  act  shall  not  apply  to  any  person  who  is  receiving  a  pel 
sion  at  the  rate  of  eight  dollars  per  month  or  more,  nor  to  any  person  receiving  a  pension  of  If 
than  eight  dollars  per  month,  except  for  the  difference  between  the  pension  now  received  (if  le 
than  eight  dollars  per  month)  and  eight  dollars  per  month. 

SEC.  3.  That  before  the  name  of  any  person  shall  be  placed  on  the  pension  roll  under  this  i 
proof  shall  be  made,  under  such  rules  and  regulations  as  the  Secretary  of  the  Interior  may  presoril 
of  the  right  of  the  applicant  to  a  pension;  and  any  person  who  shall  falsely  and  corruptly  take  an] 
required  oath  under  this  act  shall  be  deemed  guilty  of  perjury;  and  the  Secretary  of  the  Inter 
shall  cause  to  be  stricken  from  the  pension  roll  the  name  of  any  person  whenever  it  shall  be  made 
appear  by  proof  satisfactory  to  him  that  such  name  was  put  upon  such  roll  through  false  and  fraiu 
ulent  representations,  and  that  such  person  is  not  entitled  to  a  pension  under  this  act.    The  loss< 
the  certificate  of  discharge  shall  not  deprive  any  person  of  the  benefits  of  this  act,  but  other  recor 
evidence  of  enlistment  and  service  and  of  an  honorable  discharge  may  be  deemed  sufficient:  Pr 
vided,  That  when  any  person  has  been  granted  a  land  warrant,  under  any  act  of  Congress,  for  ai 
on  account  of  service  in  the  said  war  with  Mexico,  such  grant  shall  be  prima  facie  evidence  of  hi 
service  and  honorable  discharge;  but  such  evidence  shall  not  be  conclusive,  and  may  be  rebutte 
by  evidence  that  such  land  warrant  was  improperly  granted. 

SEC.  4.  That  the  pension  laws  now  in  force  which  are  not  inconsistent  or  in  conflict  with  this 
are  hereby  made  a  part  of  this  act,  so  far  as  they  may  be  applicable  thereto. 

SEC.  5.  That  section  forty-seven  hundred  and  sixteen  of  the  Revised  Statutes  is  hereby  repealed 
fur  as  the  same  relates  to  this  act  or  to  pensioners  under  this  act. 

SEC.  6.  That  the  provisions  of  this  act  shall  not  apply  to  any  person  while  under  the  political  dis 
bilities  imposed  by  the  fourteenth  amendment  to  the  Constitution  of  the  United  States. 

Approved,  January  29,  1887. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  217 

[3—025.    Old  No.  3-024.1 
INDIAN  WARS. 

OF  SOLDIER  FOR  SERVICE  PENSION  UNDER  ACT  OF  JULY  27, 
1892,  AND  JUNE  27,  1902. 

[STATE  OF ,  County  of  —     — ,  ss: 

On  this day  of  —  — -,  A.  D.  one  thousand  nine  hundred  and  —    — ,  personally 

[appeared  before  me,  a  —  —  within  and  for  the  county  and  State  aforesaid, 

— ,  aged  -        -  years,  a  resident  of  -      — ,  county  of  -      — ,  State  of 

,  who  being  duly  sworn  according  to  law,  makes  the  following  declaration  for 

the  purpose  of  obtaining  pension  under  the  acts  of  Congress  granting  pensions  for 
[service  in  various  Indian  wars  of  the  United  States  from  1817  to  1858: 

That  he  served  under  the  name  of — ,  as  a in  Captain 

—  company,  Colonel  —                — ,  —      —  Regiment  of  —     —  [State  or  Territory] 
Volunteers;  that  he  entered  said  organization  at  —     — ,  on  or  about  the day  of 

I ,  18 — ,  and  was  honorably  discharged  at  —     — ,  on  or  about  the day  of 

— ,  18 — ,  having  served  thirty  days  or  more  in  the  war  or  disturbance  with  the 

—  Indians  in  the  State  or  Territory  of  —     — . 

That  he  also  served  —  [make  a  full  statement  of  all  other  service,  if  any]. 

That  he  was employed  in  the  military  or  naval  service  of  the  United  States 

otherwise  than  as  stated  above. 

That  his  personal  description  at  date  of  first  enlistment  was  as  follows:  Height, 
— ;   complexion,  —     — ;   color  of  eyes,  —     — ;   color  of  hair,  —     — ;  that  his 
(occupation  was  —     — ;  that  he  was  born  —  — ,  18 — ,  at  —   — . 

That  his  several  places  of  residence  since  leaving  the  service  have  been  as  follows: 
[state  date  of  each  change,  as  nearly  as  possible]. 


That  he  is married;  that  the  maiden  name  of  his  wife,  to  whom  he  was  mar- 
ried at  —  — ,  on  the day  of  —  — ,  18 — ,  was  —  — ;  that  she  is 

[if  dead,  state  date  of  death] ;  that  he  was  previously  married  to  —  — ,  who 
[died  or  was  divorced] ;  at ,  on  the day  of  —  — ,  1 . 

That  he  is a  pensioner  of  the  United  States;  that  he  has heretofore  applied 

for  pension  —  —  [state  number  of  pension  certificate  or  prior  claim,  if  any]. 

That  he  is  an  actual  and  bonafide  resident  of  the  United  States;  that  his  post-office 
address  is ,  county  of ,  State  of . 


[Claimant's  signature.] 
Attest: 

(1)  —  -. 

(2) . 

• 

Also  personally  appeared  -          ,  residing  at ,  and  - —  — ,  re- 

siding at  —  — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit,  and 
who,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw  —  — , 

the  claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe  from  the  appearance  of  said  claimant  and  their 
acquaintance  with  him  of  —  —  years  and  —  —  years,  respectively,  that  he  is  the 
identical  person  he  represents  himself  to  be;  and  that  they  have  no  interest  in  the 
prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


218 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


Sworn  to  and  subscribed  before  me  this day  of 


-,  A.  D.  190—,  and  I 


[L.  s.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 
including  the  words  --  ,  erased,  and  the  words  -- 
added,  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  adminster  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  i 
the  prosecution  of  the  claim. 


LAWS    KELATING    TO    ARMY    AND    NAVY    PENSIONS.  219 

[3—026.    Old  No.  3—025.] 
INDIAN  WARS. 

CLAIM  OF  WIDOW  FOR  SERVICE  PENSION  UNDER  ACTS  OF  JULY  27, 
1892,  AND  JUNE  27,  1902. 

STATE  OF ,  County  of ,  ss: 

On  this day  of ,  A.  D.  one  thousand  nine  hundred  and ,  person- 
ally appeared  before  me,  a within  and  for  the  county  and  State  afore- 
said,   ,  aged years,  a  resident  of  —  — ,  county  of  -  — ,  State 

of ,  who,  being  duly  sworn  according  to  law,  makes  the  following  declaration 

for  the  purpose  of  obtaining  pension  under  the  acts  of  Congress  granting  pensions  for 
service  in  various  Indian  wars  of  the  United  States  from  1817  to  1858: 

That  she  is  the  widow  of ,  who  served  under  the  name  of  — , 

as  a  -  -  in  Captain  -  —  company,  Colonel  —  -  regi- 
ment of [State  or  Territory]  Volunteers;  that  he  entered  said  organization  at 

—  on  or  about  the day  of ,  18 — ,  and  was  honorably  discharged  at 

on  or  about  the day  of ,  18 — .  having  served  thirty  days  or  more  in  the 

war  or  disturbance  with  the Indians  in  the  State  or  Territory  of . 

That  he  also  served [make  a  full  statement  of  all  other  service,  if 

any]. 

That  to  the  best  of  her  knowledge  and  belief  he  was employed  in  the  military 

or  naval  service  of  the  United  States  otherwise  than  as  stated  above. 

That  she  became  acquainted  with  him  about  the  year  18—;  that  his  personal 

description  at  that  date  was  as  follows:  Age, ;  height,  —  — ;  complexion, 

;  color  of  eyes,  —  — ;  color  of  hair, ;  that  his  occupation  was ; 


that  he  was  born  at 

That  his  several  places  of  residence  after  leaving  the  service  were  as  follows: 
[state  date  of  each  change,  as  nearly  as  possible]. 


That  she  was  married  under  the  name  of to  said  soldier  at 

on  the day  of  —  — ,  18—,  by ;  that  there  was  no  legal  barrier  to 

the  marriage;  that  she  had been  previously  married;  that  the  soldier  had 

been  previously  married  —  [if  there  was  a  prior  marriage  of  either,  the 

date  and  place  of  death  or  divorce  of  former  consort  or  consorts  should  be  stated]. 

That  the  soldier  died  — ,  18—,  at ;  that  she  was  not  divorced  from 

him;  that  she  has remarried  since  his  death [if  remarried,  the 

date  and  place  of  remarriage  should  be  stated]. 

That  she  has heretofore  applied  for  pension [if  prior  applica- 
tion has  been  made,  the  number  thereof,  the  service  on  which  it  was  based,  and  the 
name  of  the  soldier  should  be  stated]. 

That  she  is  an  actual  and  bona  fide  resident  of  the  United  States;  that  her  post- 
office  address  is ,  county  of ,  State  of . 

[Claimant's  signature.] 
Attest: 

(1) . 

(2) . 

Also  personally  appeared ,  residing  at  ,  and  -  , 

residing  at  —  — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 
and  who,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw  —  — , 

the  claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 
acquaintance  with  her  of years  and years,  respectively,  that  she  is  the 


220  LAWS    RELATING    TO    AKMY    AND    NAVY    PENSIONS. 

identical  person  she  represents  herself  to  be,  and  that  they  have  no  interest  in  the 
prosecution  of  this  claim. 


Sworn  to  and  subscribed  before  me  this day  of 


[Signature  of  witnesses.] 
,  A.  D.  190—;  and  I 


[L.  s.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words  —  — ,  erased,  and  the  words , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.    If  sucl 
oilicer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer,  under  his  official  seal,  unless  sue! 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taked  before  any  officer  wl 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect, 
the  prosecution  of  the  claim. 


i      6 

is 

1           OL 

j 

E 

1 

LAWS    RELATING    TO    AKMY    AND   NAVY    PENSIONS. 


221 


[3—002.    Old  No.  3— OlOa.] 

[Act  of  June  27, 1890.] 
DECLARATION  FOR  INVALID  PENSION. 


On  this 


-,  County  of 
day  of  


-,  A.  D.  one  thousand  nine  hundred  and 


per- 


illy  appeared  before  me,  a  -     —  within  and  for  the  county  and  State  afore- 

,  aged years,  a  resident  of  —     — ,  county  of  —     — ,  State  of 

-,  who,  being  duly  sworn  according  to  law,  declares  that  he  is  the  identical 

m  who  was  enrolled  at  —      —  under  the  name  of  —     — ,  on  the day  of 

-,  18 — ,  as  a  —      —  in  —      —  [here  state  rank  and  company  and  regiment  in 
Army,  or  vessel,  if  in  the  Navy]  in  the  service  of  the  United  States,  in  the  war 
the  rebellion,  and  served  at  least  ninety  days,  and  was  honorably  discharged  at 

-,  on  the day  of  —     — ,  18 — .     That  he  also  served  -     —  [here  give  a 

iplete  statement  of  all  other  services,  if  any] .     That  he  was  not  employed  in 
military  or  naval  service  prior  to  —     — ,  18 — .     That  he  has  not  been  employed 

the  military  or  naval  service  since ,  18 — .     That  his  personal  description 

enlistment  wras  as  follows:  Age, years;  height, feet inches;  com- 
plexion, —  — ;  hair,  —  — ;  eyes,  —  — .  That  he  is  —  —  [wholly  or  in  part] 
incapacitated  for  earning  a  support  by  manual  labor  by  reason  of  -  -  [here 
name  the  disease  or  injuries  by  which  disabled].  That  said  disabilit —  — not 
due  to  his  vicious  habits,  and to  the  best  of  his  knowledge  and  belief  of  a  per- 
manent character.  That  he  is  —  —  a  pensioner.  That  he  has  —  —  heretofore 
applied  for  pension.  [If  a  pensioner,  the  certificate  number  only  need  be  given. 
If  not,  give  the  number  of  the  former  application  if  one  was  made.]  That  he  makes 
this  declaration  for  the  purpose  of  being  placed  on  the  pension  roll  of  the  United 
States  under  the  provisions  of  the  act  of  June  27,  1890. 

That  he  hereby  appoints ,  of ,  his  true  and  lawful  attorney  to 

prosecute  his  claim.     That  his  post-office  address  is ,  county  of ,  State 

of r-. 


Attest: 
(1) 
(2) 


-,  residing  at 


[Claimant's  signature.] 


-,  and 


Also  personally  appeared 

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw  —  — , 

the  claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance  with  him  of  years  and  -       -  years,  respectively,  that  he  is 

the  identical  person  he  represents  himself  to  be;  and  that  they  have  no  interest  in 
the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this  day  of  ,  A.  D.  190 — ,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

[L.  s.]     including  the  words ,  erased,  and  the  words ,  added;  and  that 

I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  character.] 


222 


LAWS   RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


3  § 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  223 

[3—001.     Old  No.  3— Olla] 

DECLARATION  FOR  INCREASE  OF  J'K \SION. 

[Under  the  act  of  June  27,  1890.  J 
[The  pension  certificate  should  not  be  forwarded  with  the  application.] 

E  OF  —     — ,  County  of  —     — ,  ss: 

On  this day  of ,  A.  D.  one  thousand  nine  hundred  and  —  — ,  per- 

|  sonall y  appeared  before  me,  a —  within  and  for  the  county  and  State 

(aforesaid,  — ,  aged years,  late  a  member  of  Co. ,  —     —  Regi- 
ment, — ,  a  resident  of ,  county  of  —     — ,  State  of ,  who,  being 

|  duly  sworn  according  to  law,  declares  that  he  is  a  pensioner  of  the  United  States 
under  the  act  of  June  27,  1890,  enrolled  at  the  —      —  pension  agency  at  the  rate  of 

—  dollars  per  month,  by  reason  of  partial  inability  to  earn  a  support  by  manual 

labor,  his  pension  certificate  being  numbered .     That  he  believes  himself  to  be 

entitled  to  an  increase  of  pension  on  account  of  the  following-named  disabilities,  to 

wit: [state  when  and  where  disabilities  originated,  and  if  wounds  or 

injuries;  give  circumstances  of  incurrence]. 

That  none  of  said  disabilities  are  due  to  vicious  habits,  and  that  they  are,  to  the 
best  of  his  knowledge  and  belief,  of  a  permanent  character;  —  — ;  that  he 

was employed  in  the  military  or  naval  service  prior  to ,  18 — ;  that 

he  has been  employed  in  the  military  or  naval  service  since — ,  18 — . 

—  —  [here  state  what  the  service  was,  whether  prior  or  subsequently  to  that 
[  stated  above,  and  the  dates  at  which  it  began  and  ended] .     That  his  post-office 

address  is ,  county  of ,  State  of . 


Attest: 

(1) 
(2) 


Also  personally  appeared 

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit,  and 


residing  at 


[Claimant's  signature.] 


and 


who,  being  by  me  duly  sworn,  say  they  were  present  and  saw  • 


-,  the  claim- 


ant, sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that  they  have 
every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their  acquaintance 

with  him  of years  and years,  respectively,  that  he  is  the  identical  person 

he  represents  himself  to  be,  and  that  they  have  no  interest  in  the  prosecution  of  this 
claim. 


Sworn  to  and  subscribed  before  me  this  day  of 


[Signatures  of  witnesses.  ] 
— ,  A.  D.  190—;  and  I 


[L.S.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words ,  erased,  and  the  words  —          , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 


224 


LAWS    DELATING    TO    ARMY    AND    NAVY    PENSIONS. 


To  bo  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public,  i 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such] 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose] 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect, 
the  prosecution  of  the  claim. 


ft"  fl 

£      § 

g  | 


8 
I      I 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


225 


[3—023.     Old  No.  3—022.] 

DECLARATION  FOR  RESTORATION  OF  PENSION. 


[Act  of  June  27,  1890.] 


County  of 


ss: 


STATE  OF  — 

On  this  day  of  ,  A.  D.  one  thousand  nine  hundred  and  ,  per- 
sonally appeared  before  me,  a  —  —  within  and  for  the  county  and  State  afore- 

dd, ,  aged years,  late  a  member  of  Co. ,  —    —  Regiment, 

a  resident  of  ,  county  of  ,  State  of ,  who,  being  duly 

[sworn  according  to  law,  declares: 

That  he  was  a  pensioner  of  the  United  States  at  the  rate  of  —  —  dollars  per 
| month  under  the  act  of  June  27,  1890,  until—  — ,  189 — ,  when  his  pension  was 

[reduced  or  discontinued]  on  the  ground  that  .  That  he  believes 

i such  action  was  improper  for  the  following  reasons: .  That  the  number  of 

his  pension  certificate  is  —  — .  That  he  has  not  been  employed  in  the  military 
|or  naval  service  of  the  United  States  since ,  18 — . 

That  he  makes  this  declaration  for  the  purpose  of  having  his  pension  restored 
i  at  the  rate  of dollars  per  month  from . 

That  he  appoints ,  of  ,  State  of  ,  his  true  and  lawful 

| attorney  to  prosecute  his  claim. 

That  his  post-office  address  is ,  county  of 


-,  State  of 


Attest: 

(1) 
(2) 


[Claimant's  signature.] 


Also  personally  appeared 


-,  residing  at 


and 


residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw , 

the  claimant,  sign  his  name  (or  make  his  mark)  to  the  foregoing  declaration;  that 
I  they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

(acquaintance  with  him  of  years  and  years,  respectively,  that  he  is 

the  identical  person  he  represents  himself  to  be,  and  that  they  have  no  interest  in 
[the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this day  of ,  A.  D.  190 — ,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swear- 

[L.  s.]  ing,  including  the  words ,  erased,  and  the  words ,  added,  and 

that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  cnaracter.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 

icer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
)ffice  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 

?rtificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 

ithority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
prosecution  of  the  claim. 

5323—02 15 


226 


LAWS   EELATING   TO   AEMY    AND   NAVY    TENSIONS. 


o    . 


X 


> 


87 

"i 

%   GO 


LAWS   EELATING   TO    ARMY    AND   NAVY   PENSIONS.  227 

[3—007.     Old  No.  3—012  a.J 
[Act  of  June  27,  1890,  as  amended  by  act  of  May  9,  1900.] 

DECLARATION  FOR  WIDOW'S  PENSION. 

STATE  OF  ,  County  of ,  ss: 

On  this day  of ,  A.  D.  one  thousand  nine  hundred  and ,  personally 

appeared  before  me,  a  —  —  within  and  for  the  county  and  State  aforesaid, 

— ,  aged  -  —  years,  a  resident  of  ,  county  of  —  — ,  State  of 

— ,  who,  being  duly  sworn  according  to  law,  makes  the  following  declaration  in 
;Drder  to  obtain  pension  under  the  provisions  of  the  act  of  Congress  approved  June 
27,  1890,  as  amended  by  the  act  of  May  9,  1900. 

That  she  is  the  widow  of ,  who  was [enrolled  or  commissioned] 

under  the  name  of at  —  -  on  the day  of ,  18 — ,  as  a 

—  in  —  —  [here  state  rank  and  designation  of  organization  or  name  of  vessel], 

ind  honorably  discharged ,  18 — ,  having  served  ninety  days  or  more 

iuring  the  late  war  of  the  rebellion.  That  the  soldier  was in  the  military  or 

laval  service  of  the  United  States  except  as  stated  above. [If  any 

?ther  service,  it  should  be  stated  in  full]. 

That  she  was  married  under  the  name  of to  said  soldier  at on 

;he day  of  —  ,  18 — ,  by ;  that  there  was  no  legal  barrier  to  the 

narriage;  that  she  had been  previously  married;  that  the  soldier  had been 

previously  married, —  [If  there  was  a  prior  marriage  of  either,  the 

late  and  place  of  death  or  divorce  of  former  consort  or  consorts  should  be  stated.] 

That  the  said  soldier  died  —  — ,  18—,  at ;  that  she  was  not  divorced 

Tom  him;  that  she  has  not  remarried  since  his  death,  and  that  she  is  without  other 
neans  of  support  than  her  daily  labor  and  an  actual  net  income  not  exceeding  two 
:mndred  and  fifty  dollars  per  year. 

That  the  said  soldier  left  the  following-named  children  who  are  now  living  and 
jnder  sixteen  years  of  age,  to  wit:  [If  the  soldier  left  no  children,  the  claimant 
should  so  state.] 

— ,  born  —  — ,  18—,  at  —   — . 

— ,  born  —  — ,  18 — ,  at . 

— ,  born  —  — ,  18 — ,  at . 

— ,  born  —  — ,  18—,  at  —    — . 

— ,  born  —  — ,  18—,  at  —     — . 

— ,  born  —  — ,  18 — ,  at . 

That  she  has heretofore  applied  for  pension.  —  [If  prior  applica- 

tion has  been  made,  the  number  thereof,  the  service  on  which  it  was  based,  and 
the  name  of  the  soldier  should  be  stated.] 

That  she  hereby  appoints [if  she  desires  to  employ  an  attorney],  of 

— ,  her  true  and  lawful  attorney,  to  prosecute  this  claim. 
That  her  post-office  address  is ,  county  of ,  State  of . 


[Claimant's  signature.] 
Attest: 


(1) 
(2) 


Also  personally  appeared  -  — ,  residing  at  ,  and  —  — , 

residing  at  -  — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to 

credit,  and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw  

— ,  the  claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration ; 
that  they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and 
their  acquaintance  with  her  of years  and  —  —  years,  respectively,  that  she  is 


228 


LAWS   RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


the  identical  person  she  represents  herself  to  be;  that  she  is  without  other  means 
of  support  than  her  daily  labor  and  an  actual  net  income  of  not  exceeding  two  hun- 
dred and  fifty  dollars  per  year;  and  that  they  have  no  interest  in  the  prosecution  of 
this  claim. 


Sworn  to  and  subscribed  before  me  this 


day  of 


[Signatures  of  witnesses.] 
,  A.  D.  190—;  and  I 


[L.S.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc. ,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words ,  erased,  and  the  words , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.  ] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.    If  sucl 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  ter 
of  office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unit 
such  a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whc 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  ir 
the  prosecution  of  the  claim. 


04 

i 

s 

i 
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£ 

a 

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LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


229 


[3—043.] 

DECLARATION  FOR  WIDOW'S  PENSION. 

[Under  the  act  of  June  27,  1890,  as  amended  by  the  act  of  May  9,  1900.] 
[Applicable  to  pending  or  rejected  claims.] 


STATE  OF 


County  of 


A.  D.  one  thousand  nine  hundred  and 


person- 


—  within  and  for  the  county  and  State  afore- 
-,  county  of  —     — ,  State  of ,  who,  being 


On  this day  of  — 

ally  appeared  before  me,  a 

said, ,  a  resident  of 

duly  sworn  according  to  law,  makes  the  following  declaration,  in  order  to  obtain 
pension  under  the  provisions  of  the  act  of  Congress  approved  June  27,  1890,  as 
amended  by  the  act  of  Congress  approved  May  9,  1900: 

That  she  is  the  widow  of  —  — ,  who  served  as  a in ; 

that  she  has  not  remarried  since  his  death;  that  she  is  without  other  means  of  sup- 
port than  her  daily  labor  and  an  actual  net  income  not  exceeding  two  hundred  and 
fifty  dollars  per  year,  and  all  the  sources  of  her  income  are  as  follows,  to  wit:  


That  she  hereby  adopts  and  reiterates  all  and  singular  the  averments  made  in  her 
claim  for  pension,  number ,  heretofore  filed  under  the  act  of  June  27,  1890. 

aThat  she  hereby  appoints  — of ,  her  true  and  lawful  attorney, 

to  prosecute  this  claim. 

That  her  post-office  address  is ,  county  of ,  State  of . 


Attest: 
(1) 
(2) 


residing  at 


[Claimant's  signature.] 


and 


Also  personally  appeared 
residing  at  —     — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  that  they  were  present  and  saw , 

the  claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that 
I  they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance  with  her  of  —      —  years  and years,  respectively,  that  she  is  the 

identical  person  she  represents  herself  to  be;  that  she  is  without  other  means  of 
support  than  her  daily  labor  and  an  actual  net  income  of  not  exceeding  two  hundred 
and  fifty  dollars  per  year;  and  that  they  have  no  interest  in  the  prosecution  of  this 
claim. 


[Signatures  of  witnesses.] 


Sworn  to  and  subscribed  before  me  this day  of 


A.  D.  190-,  and  I 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

|[L.  s.]     including  the  words ,  erased,  and  the  words , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 


iThis  blank  not  to  be  filled  unless  she  desires  to  employ  an  attorney. 


230 


LAWS    RELATING    TO    AKMY    AND    NAVY    PENSIONS. 


To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer,  under  his  official  seal,  unless  such  i 
certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 


§ 

£ 

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& 

LAWS   RELATING   TO    ARMY    AND   NAVY    TENSIONS.  231 

[3—010.     Old  No.  3— 01 5a.] 
FF  [Act  of  June  27,  1890.]  FF 

DECLARATION  FOR  CHILDREN  UNDER  SIXTEEN  YEARS  OF  AGE. 

STATE  OF  ,  County  of ,  ss: 

On  this day  of  —    — ,  A.  D.  one  thousand  nine  hundred  and  —    — ,  personally 

appeared  before  me,  a  —  —  within  and  for  the  county  and  State  aforesaid, 

— ,  aged years,  a  resident  of ,  County  of—    — ,  State  of—    — , 

who,  being  duly  sworn  according  to  law,  makes  the  following  declaration  in  order  to 
obtain  pension  under  the  provisions  of  the  act  of  Congress  approved  June  27,  1890: 

That  — he  is  the  guardian  of  -  ,  legitimate  child of  -  — , 

who  was [enrolled  or  commissioned]  under  the  name  of ,  at 

— ,  on  the day  of -,  18—,  as  a in [here  state  rank  and 

designation  of  organization  or  name  of  vessel]  and  honorably  discharged — , 

IS — ,  having  served  ninety  days  or  more  during  the  late  war  of  the  rebellion.     That 

the  soldier  was in  the  military  or  naval  service  of  the  "United  States  except  as 

stated  above.  —  [if  any  other  service  it  should  be  stated  in  full]. 

That  the  mother  of  said  child was  married  under  the  name  of —  to 

the  soldier  at ,  on  the day  of ,  18 — ,  by : ;  that  there 

was  no  legal  barrier  to  the  marriage;  that  she  had been  previously  married; 

that  he  had been  previously  married. [if  there  was  a  prior  mar- 
riage of  either,  the  date  and  place  of  death  or  divorce  of  former  consort  or  consorts 
phould  be  stated]. 

That  the  said  soldier  died ,  18 — ,  at  —     — ;  that  he  left widow 

surviving [state  date  of  death  or  remarriage] . 

That  the  following  named  are  the  only  children  of  the  soldier  who  are  now  living 
an  1  under  sixteen  years  of  age,  to- wit: 

,  born ,  18 — ,  at . 

,  born ,  18—,  at . 

,  born — ,  18 — ,  at . 

,  born ,  18—,  at  —    — . 

,  born ,  18 — ,  at . 

,  born ,  18 — ,  at . 

That prior  claim  on  behalf  of  said  child has  been  filed. [if 

prior  application  has  been  made,  the  number  thereof,  the  service  on  which  it  was 
based,  and  the  name  of  the  soldier  should  be  stated]. 
That  h —  post-office  address  is ,  county  of ,  State  of —    — . 


[Claimant's  signature.] 
Attest: 


(1) 
(2) 


Also  personally  appeared ,  residing  at  ,  and  -  — , 

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw ,  the 

claimant,  sign  h —  name  (or  make  h—  mark)  to  the  foregoing  declaration;  that  they 
have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their  acquaint- 
ance with  h —  of years  and years,  respectively,  that  — he  is  the  identical 

person  —he  represents  h— self  to  be;  and  that  they  have  no  interest  in  the  prose- 
cution of  this  claim. 


[Signatures  of  witnesses.] 


232 


LAWS   RELATING    TO    ARMY    AND   NAVY    PENSIONS. 


Sworn  to  and  subscribed  before  me  this  —  —  day  of 


A.  D.  190—,  and  I 


[L.   8.] 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 
including  the  words  —  — ,  erased,  and  the  words  —  — , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of 
this  claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


.  2  3 

fc  GO  g 

W  M  r~l 

I  S  88 

8  g  ! 

§  *  ? 

s  a  a 

x  2  i 


I   1   I 

3    "o     85 
O    cc    $ 


.! 


LAWS    RELATING    TO    ARMY    AND    NAVY   PENSIONS. 


233 


[3-008.] 

DECLARATION  OF  A    WIDOW  FOR  RESTORATION  OF  PENSION, 


[Act  of  March  3,  1901,  amending  section  4708,  Revised  Statutes.] 


STATE  OF  - 
On  this 


-,  County  of 
day  of 


-,  A.  D.  one  thousand  nine  hundred  and 


person- 


within  and  for  the  county  and  State  afore- 

years,  a  resident  of  —     — ,  county  of  —     — ,  State 


ally  appeared  before  me,  a 

said, ,  aged  — 

of ,  who,  being  duly  sworn  according  to  law,  makes  the  following  declaration 

for  the  purpose  of  having  her  name  restored  to  the  pension  roll  under  the  act  of 
March  3,  1901,  amending  section  4708,  Revised  Statutes: 

That  she  was  formerly  pensioned  as  widow  of ,  who  died , 

18 — ,  by  reason  of  wound  or  injury  received  or  disease  contracted  while  serving  as 

—  in  —  [state  rank  and  designation  of  organization  or  name  of  vessel],  in 

the  war [name  the  war  in  which  he  served].     That  she  was  his  lawful  wife 

during  the  period  of  his  servicetn  said  war,  and  that  she  remained  his  lawful  wife  to 
the  date  of  his  death.     That  her  pension  was  paid  by  the  United  States  pension 

agent  at ,  and  that  the  number  of  her  pension  certificate  was .     That  she 

never  received  any  other  pension  from  the  United  States  nor  made  any  other  appli- 
cation for  pension. [if  she  was  ever  pensioned  or  made  a  claim  for 

pension  on  account  of  any  other  soldier,  his  name,  service,  and  relationship  should 
be  stated] . 

That  her  pension  terminated  because  of  her  marriage  to .     That  said 

marriage  took  place ,  18 — ,  at .     That  said  husband  died  

-,  18 — ,  at ,  (or)  that  she  was  divorced  from  said  husband,  upon  her  own 


application  and  without  fault  on  her  part,  on  the day  of 


-,18— ,at 


That  said  husband  did serve  in  the  Army  or  Navy  of  the  United  States.    

[a  full  statement  of  his  service,  if  any,  should  be  given]. 

That  she  did marry  again  after  the  death  of  the  soldier  except  to 

named  above. —  [if  she  contracted  any  other  marriage  after  the  death 

of  the  soldier,  the  name  of  the  husband,  the  date  and  place  of  the  marriage,  and  the 
date  and  manner  of  dissolution  of  the  marriage  should  be  stated].  That  she  is  with- 
out other  means  of  support  than  her  daily  labor  and  an  actual  net  income  not  exceed- 
ing two  hundred  and  fifty  dollars  per  year.  That  her  post-office  address  is , 

county  of ,  State  of . 


Attest: 

(1) 

'    (2) 


-,  residing  at 


[Claimant's  signature.] 


and 


Also  personally  appeared 

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw ,  the 

claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that  they 
have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their  acquaint- 
ance with  her  of years  and  —  —  years,  respectively,  that  she  is  the  identical 

person  she  represents  herself  to  be,  and  that  they  have  no  interest  in  the  prosecution 
of  this  claim. 


[Signatures  of  witnesses.] 


234 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


Sworn  to  and  subscribed  before  me  this day  of 


-,  A.  D.  190-,  and  I  hereby 


[L.  s.] 


certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully  made 
known  and  explained  to  the  applicant  and  witnesses  before  swearing,  includ- 
ing the  words ,  erased,  and  the  words ,  added; 

and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  thi$ 
claim. 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


235 


[:{— 019.    old  No.  :$— oi'.M 
[Act  of  June  27,  1890.] 


JJ 


DECLARATION   FOR    SOLDIER'S   CHILD    WHO    IS   PERMANENTLY 

HELPLESS. 

[To  be  executed  before  a  court  of  record  or  some  officer  thereof  having  custody  of  its  seal,  a  notary 
public,  or  a  justice  of  the  peace,  whose  official  signature  shall  be  verified  by  his  official  seal;  and  in 
case  he  has  none,  his  signature  and  official  character  shall  be  certified  by  a  clerk  of  a  court  of  record 
or  a  city  or  county  clerk.] 


STATE  OF 


County  of 


On  this  —  —  day  of 


A.  D.  one  thousand  nine  hundred  and 


per- 


sonally appeared  before  me,  a 
State  aforesaid,  --  ,  aged 


of  the 


in  and  for  the  county  and 


years,  who,  being  duly  sworn  according 


to  law,  makes  the  following  declaration  in  order  to  obtain  the  pension  provided 
by  act  of  Congress  approved  June  27,  1890;  that—  — is  the  legal  guardian  of 
— ,  who  is  at  the  present  time  suffering  from ,  which  said  disa- 
bility, to  —  —  best  knowledge  and  belief,  is  permanent  in  its  character,  and 


renders 


said  ward  permanently  helpless;  that 


imate  child  of 


-,  on  the day  of 


—  said  ward  is  the  legit- 

who  enlisted  under   the  name  of ,  at 

,  18 — ,  in [here  state  rank,  company,  and 


regiment,  if  in  the  military  service,  or  vessel,  if  Navy],  and  served  at  least  ninety 
days  in  the  war  of  the  rebellion  in  the  service  of  the  United  States,  who  was  honor- 
ably discharged  —  — ,  and  died  —  — :  that  he  left widow  surviving  him 

—  [here  state  date  of  death  or  of  remarriage] ;  that  the  said  child  was  born 

— ,  18 — ;  that  the  father  was   married  under  the  name  of to 

,  there  being  no  legal  barrier  to  such  marriage;  that application 


has  heretofore  been  made  for  a  minor's  pension  numbered ,  and  a  certificate 

number granted;  that  the  declarant  hereby  appoints ,  of , 

State  of  —     — , true  and  lawful  attorney  to  prosecute  this  claim  and  receive 

a  fee  of  $ ;  that post-office  address  is ,  county  of ,   State  of 


Attest: 
1. 
2. 


residing  at 


[Claimant's  signature.] 


and 


Also  personally  appeared 

residing  at —   — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 
and  who,  being  duly  sworn,  say  that  they  were  present  and  saw  -  — ,  the 

claimant,  sign name  (or  make  -   -  mark)  to  the  foregoing  declaration;  that 

they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance   with  -  -  for years  and years,    respectively,   that 

—  is  the  identical  person  —      —  represents to  be;  and  that  they 

have  no  interest  in  the  prosecution  of  this  claim. 


[Signatures  of  witnesses.] 


Sworn  to  and  subscribed  before  me  this day  of 


A.  D.  189-;  and  I 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully  made 
known  and  explained  to  the  applicant  and  witnesses  before  swearing,  including  the 

W0rda  —  — ,  erased,  and  the  words ,  added;  and  that  I  have 

no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 

[Signature.] 
[Official  character.] 


23(3 


LAWS   RELATING   TO    ARMY   AND   NAVY   PENSIONS. 


The  act  of  June  27, 1890,  requires  that  in  minor  children's  cases  who  are  permanently  helpless— 

1.  That  the  soldier  served  at  least  ninety  days  in  the  war  of  the  rebellion  and  was  HONORABLY 

DISCHARGED. 

2.  Proof  of  soldier's  death  [cause  need  not  have  been  due  to  army  service],  his  marriage  to  mother, 
and  proof  of  her  death  or  divestment  of  title. 

3.  In  case  a  minor  child  is  insane,  idiotic,  or  otherwise  permanently  helpless,  the  pension  shall 
continue  during  the  life  of  said  child,  or  during  the  period  of  such  disability,  and  this  priviso  shall 
apply  to  all  pensions  heretofore  granted  or  hereafter  to  be  granted  under  this  or  any  former  statute, 
and  such  pensions  shall  commence  from  the  date  of  application  therefor  after  the  passage  of  this  act. 

4.  That  the  child  of  soldier  was  under  the  age  of  sixteen  years  at  date  of  the  death  or  remarriage 
of  widow. 


OQ 


R 
L 


LAWS    KELATING    TO    AEMY    AND    NAVY    PENSIONS. 


237 


[3—030.     Old  No.  3-029.] 

DECLARATION  FOR  NURSE'S  PENSION. 

\  [To  be  executed  before  some  officer  authorized  to  administer  oaths  for  general  purposes.  The 
official  character  and  signature  of  any  such  officer  not  required  by  law  to  use  a  seal  must  be  certified 
by  the  clerk  of  the  proper  court,  giving  dates  of  beginning  and  cloi 


lose  of  official  term.] 


STATE  OF 


County  of 


On  this  -  -  day  of  ,  A.  D.  one  thousand  nine  hundred  and  ,  per- 

Isonally  appeared  before  me,  a  -  -  within  and  for  the  county  and  State  afore- 
said, -  — ,  a  resident  of  -  — ,  State  of ,  who,  being  duly  sworn 

according  to  law,  states  that  she  was  born  in  the  year  18 — ,  and  is years  of  age. 

That  she  is  the  identical  person  who  was  employed  by  —  —  as  nurse,  and 

that  she  served  under  the  name  of  —  —  from  the day  of —   — ,  186 — , 

to  the day  of  —     — ,  186 — ,  when  she  was  honorably  released  at .     That 

her  service  was  rendered  in  -  -  [here  state  post,  camp,  or  general  hospital], 
where  she  served  at  least  —  —  months  during  the  war  of  the  rebellion.  That  she 
is  unable  to  earn  a  support  by  reason  of  —  —  [here  name  causes  for  inability  to 
earn  a  support] .  The  said  disabilities  are  to  the  best  of  her  knowledge  and  belief  of 
a  permanent  character.  That  claimant  has  —  —  applied  for  —  —  received  a  pen- 
Ision  as  —  —  [widow,  mother,  or  nurse]  under  the  general  law  or  by  special  act  of 


Congress, 


[If  claimant's  husband  or  sons  have  rendered  service  in  the  Army 


or  Navy,  that  fact  must  be  stated,  with  name  of  soldier  in  full,  giving  company  and 
regiment.  If  they  are  pensioners  or  applicants  for  pension,  the  number  of  their 
claims  must  be  stated.]  That  she  makes  this  declaration  for  the  purpose  of  having 
her  named  placed  on  the  pension  roll  of  the  United  States  under  the  provisions  of  the 
I  act  of  Augusts,  1892. 

She  hereby  requests  that ,  of ,  State  of  —  — ,  be  allowed  to 

[act  as  her  attorney  to  prosecute  her  claim,  which  service  he  agrees  to  render  without 
|  compensation,  under  the  penalty  of  the  law. 

That  her  post-office  address  is  No. , street, ,  county  of  -  — , 

I  State  of . 


[Signature  of  claimant  in  full.] 


Attest: 


Also  personally  appeared 


residing  at 


and 


residing  at 


[give  street  and  number,  if  in  city],  persons  whom  I  certify  to  be 


respectable  and  entitled  to  credit,  and  who,  being  by  me  duly  sworn,  say  they  were 
present  and  saw  —  — ,  the  claimant,  sign  her  name  (or  make  her  mark)  to 
the  foregoing  declaration;  that  they  have  every  reason  to  believe  from  the  appear- 
ance of  said  claimant  and  their  acquaintance  with  her  for years  and years 

respectively,  that  she  is  the  identical  person  she  represents  herself  to  be;  and  that 
they  have  no  interest  in  the  prosecution  of  this  claim. 

(1)  -  -. 

(2) . 

[Signatures  of  witnesses.] 


[If  witnesses  sign  by  mark,  their  sig- 
natures must  be  attested  by  persons 
who  write.  ] 


238 


LAWS    RELATING    TO    ARM*    AND   NAVY    PENSIONS. 


Sworn  to  and  subscribed  before  me  this  -  —  day  of 


A.  D.  190—,  and  I 


[L. 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

including  the  words ,  erased,  and  the  words  —  ,  added;  and  that 

I  have  no  interest,  direct  or  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  character.] 


INSTRUCTIONS. 

If  the  rolls  of  the  hospital  show  employment  for  the  period  named,  it  can  be  ascertained  by  thi 
office,  and  no  other  proof  of  this  fact  will  be  required. 

If  the  Surgeon-General  has  no  record  of  the  service,  other  proof  will  be  required  as  to  the  fact  am 
period  of  service,  which  will  be  considered  in  the  following  order:  Original  documents;  evidence 
surgeons  or  assistant  surgeons  in  charge  of  hospital;  hospital  stewards  or  enlisted  men  who  were 
duty  with  claimant  and  whose  service  is  of  record. 

Claimant's  inability  to  earn  a  support  may  be  shown  by  the  affidavit  of  her  family  physician,  or  bj 
the  evidence  of  two  witnesses.    The  nature  of  the  disability  need  not  be  named.    If,  however,  claii 
ant  is  sixty-five  (65)  years  of  age,  and  that  fact  is  stated  in  her  declaration,  and  she  will  furnish  tl 
evidence  of  one  credible  witness  to  corroborate  her  statement,  the  same  can  be  accepted  as  sufficiei 
to  show  inability  to  earn  a  support. 

If  claimant  has  married  or  remarried  since  her  service,  that  fact  should  be  shown. 

ACT  granting  pensions  to  army  nurses. 

Be  it  enacted,  &c.,  That  all  women  employed  by  the  Surgeon-General  of  the  Army  as  nurses,  ur 
contract  or  otherwise,  during  the  late  War  of  the  Rebellion,  or  who  were  employed  as  nurses  durii 
such  period  by  authority  which  is  recognized  by  the  War  Department,  and  who  rendered  actual  ser 
ice  as  nurses  in  attendance  upon  the  sick  or  wounded  in  any  regimental,  post,  camp,  or  genei 
hospital  of  the  armies  of  the  United  States  for  the  period  of  six  months  or  more,  and  who  we 
honorably  relieved  from  such  service,  and  who  are  now  or  may  hereafter  be  unable  to  earn  a  supi 
shall,  upon  making  due  proof  of  the  fact  according  to  such  rules  and  regulations  as  the  Secretary 
the  Interior  may  provide,  be  placed  upon  the  list  of  pensioners  of  the  United  States  and  be  entitle 
to  receive  a  pension  of  twelve  dollars  per  month,  and  such  pension  shall  commence  from  the  date 
the  filing  of  the  application  in  the  Pension  Office  after  the  passage  of  this  act:  Provided,  That  no  pei 
son  shall  receive  more  than  one  pension  for  the  same  periqd. 

SEC.  2.  That  no  fee,  compensation,  or  allowance,  shall  be  paid  to,  received,  or  accepted  by  anj 
agent,  attorney,  or  other  person  instrumental  in  the  prosecution  of  any  claim  for  pension  under  tin 
act;  and  any  person  who  may  make  any  claim  upon  any  applicant  for  any  fee,  compensation, 
allowance  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  exceeding  li\ 
hundred  dollars,  or  imprisonment  at  hard  labor  not  exceeding  one  year,  or  both,  in  the  discretion 
the  court;  and  it  shall  be  the  duty  of  the  Interior  and  War  Departments  to  render  all  proper  aid 
applicants  under  this  act.    [August  5, 1892.J 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


239 


[3—037.     Old  No.  3—560.] 

DECLARATION  OF  A   WIDOW  FOR  ACCRUED  PENSION. 


LTE   OF 


County  of 


On  this day  of  — 

speared  before  me,  a 

,  aged 


-,  A.  D.  one  thousand  nine  hundred  and 


— ,  personally 

within  and  for  the  county  and  State  aforesaid, 

•  years,  a  resident  of ,  county  of ,  State  of , 

rho,  being  duly  sworn  according  to  law,  makes  the  following  declaration  in  order 
obtain  the  pension  which  had  accrued  to  her  husband,  named  below,  at  the  time 
his  death. 

That  she  is  the  widow  of ,  who  served  as in [state  rank 

[and  designation  of  organization  or  name  of  vessel],  and  who  was  a  pensioner  of  the 
Fnited  States  by  certificate  No.  —     — ,  on  the  roll  of  the  pension  agency  at ; 


it  the  last  payment  of  his  pension  was  made  to  the day  of 

died  on  the day  of  —     — ,  190 — . 


190—;  that 


That  she  was  married  under  the  name  of 
bn  the day  of  ,  18 — ,  by  


to  said  pensioner  at 


— ;   that  there  was  no  legal  bar- 

Irier  to  the  marriage;  that  she  had been  previously  married;  that  the  soldier 

Ihad been  previously  married.  —  [if  there  was  a  prior  marriage  of 

[aither,  the  date  and  place  of  death  or  divorce  of  former  consort  or  consorts  should 
stated]. 
That  her  post-office  address  is ,  county  of ,  State  of . 


Attest: 

(1) 

(2) 


[Applicant's  signature.] 


—  ,  residing  at  ,  and , 

whom    I   certify  to  be  respectable   and   entitled   to 


Also  personally  appeared 
aiding   at  -      — ,  persons 
lit,  and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw  - 

-,  the  claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declara- 
tion; and  that  they  have  every  reason  to  believe,  from  the  appearance  of  said  claim- 

lant  and  their  acquaintance  with  her  of years  and years,  respectively, 

[that  she  is  the  identical  person  she  represents  herself  to  be;  and  that  they  have  no 
iterest  in  the  prosecution  of  this  claim. 


Sworn  to  and  subscribed  before  me  this 


day  of 


[Signatures  of  witnesses.] 
— ,  A.  D.  190 — ,  and  I 


hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully 
made  known  and  explained  to  the  applicant  and  witnesses  before  swearing, 

[L.  s.]     including  the  words ,  erased,  and  the  words , 

added;  and  that  I  have  no  interest,  direct  or  indirect,  in  the  prosecution 
of  this  claim. 


[Signature.  ] 


[Official  character.] 


240 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.    If  suet 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whc 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect, 
the  prosecution  of  the  claim. 

The  evidence  indicated  below  should  accompany  the  declaration: 

1.  A  verified  copy  of  the  public  record,  or,  if  no  such  record  exists,  the  testimony  of  the  attendii 
physician  or  of  credible  witnesses,  showing  the  date  of  the  soldier's  death. 

2.  A  verified  copy  of  the  public  or  church  record  of  the  claimant's  marriage  to  the  soldier;  or, 
no  such  record  exists,  the  affidavit  of  the  person  who  performed  the  ceremony;  or,  if  that  can  not 
procured,  the  testimony  of  credible  persons  who  were  present  at  the  marriage,  showing  the  dat 
thereof. 

3.  If  the  claimant  or  soldier  had  been  previously  married,  the  death  or  divorce  of  the  former  hi 
band  or  wife  should  be  proved— in  case  of  death  by  a  verified  copy  of  the  public  record;  or,  If 
such  record  exists,  by  the  testimony  of  credible  witnesses;  in  case  of  divorce,  by  a  certified  copy 
the  decree  of  the  court.    If  there  was  no  prior  marriage  of  either  party,  the  fact  should  be  shown  by 
the  testimony  of  credible  witnesses. 

4.  Testimony  of  credible  witnesses  showing  whether  the  claimant  lived  with  the  soldier  to  the 
date  of  his  death;  and,  if  not,  whether  she  was  divorced  from  him. 

Copies  of  records  should  be  attested  by  the.  officer  having  custody  thereof;  and  if  he  has  no  seal  by  ichich 
to  authenticate  his  signature,  the  attestation  should  be  under  oath. 

Witnesses  must  state  their  post-office  addresses,  ages,  and  means  of  knowledge  of  the  facts  to  which  thoj  f<  .s- 
tify;  and  write  their  names  immediately  after  their  statements,  fearing  no  blank  space  over  their  nignatiin  s; 
and  it  should  appear  in  the  jurats  that  they  knew  the  contents  of  their  affidavits,  and  that  erasures  or  altcra 
tions,  if  any,  were  made  before  the  oath  was  administered. 


LAWS    EELATING    TO    ARMY    AND    NAVY    PENSIONS.  241 

[3—038.     Old  No.  3— 561.] 

APPLICATION  FOR  ACCRUED  PENSION  (MINORS}. 

STATE  OF ,  County  of ,  ss: 

On  this day  of  -  — ,  19—,  personally  appeared  -  — ,  who,  being 

duly  sworn,  declare  that — ,  deceased,  was  granted  a  pension  by  cer- 
tificate No. ,  payable  by  the  pension  agent  at—  — ,  which  certificate  is  here- 

with  surrendered  (if  not,  state  why  not), ;  that  said  pensioner  died  on  the 

—  day  of  —  — ,  19 — ,  having  been  last  paid  to  include  the day  of , 

19 — ;  and  that  application  is  hereby  made  for  the  pension  which  had  accrued  up 
to  the  date  of  the  pensioner's  death. 

—  further  swear  to  the  truth  of  the  following  statements: 

If  the  deceased  was  pensioned  as  an  invalid,  state  whether  he  was  paid  or 
employed  in  the  Army,  Navy,  or  Marine  Service  of  the  United  States  subsequent 
to  the  date  to  which  the  pension  was  paid.  . 

If  pensioned  as  a  widow,  state  whether  she  had  remarried,  giving,  if  she  had,  the 
date  and  the  husband's  name.  Give  also  the  number  of  children  for  whom  she  was 
granted  $2.00  per  month  additional,  and  the  names  and  dates  of  death  of  any  of 
these  who  have  since  died.  . 

If  the  deceased  was  pensioned  as  a  father  or  mother,  state  whether  dependence 
continued  till  death,  and  whether  mother  had  remarried.  . 

If  the  deceased  was  a  male  pensioner,  state  whether  he  left  a  widow,  giving,  if  he 
did,  the  date  of  her  death.  . 

—  further  swear  that  the  following  are  the  names,  with  the  dates  of  birth,  or 
the  dates  of  death,  of  all  the  children  left  by  the  deceased  pensioner  who  were 
under  sixteen  at  pensioner's  death,  viz: . 

The  affiant's  residence  is  (give  street  and  number) , ,  and  

post-office  address  is . 


[Signatures  of  affiants.  ] 

Also  personally  appeared  —  —  and — ,  residing  at  —  — ,  who, 

[being  duly  sworn,  make  oath  that  they  were  present  and  saw sign 

—  name  (make mark)  to  the  foregoing  declaration;  that  they  know  that 

Ithe  widow  is  dead,  and  that  the  above-named  children  are  the  legitimate  children 

jot"  —  — ,  who  died  on  the day  of ,  19 — ,  and  the  dates  of  birth 

land  death  of  said  children  to  be  as  above  stated;  and  that  their  means  of  knowl- 
edge as  to  the  date  of  the  pensioner's  death,  as  to  the  fact  of  the  widow's  death, 
land  as  to  the  legitimacy,  ages,  and  death  of  the  children,  are  as  follows: . 


[Signatures  of  witnesses.  ] 

I    Sworn  to  and  subscribed  before  me  on  this day  of ,  19—,  and  I  certify 

•that  the  affiants  are  reputable  persons;  that  they  know  the  contents  of  their  depo- 
jsitions;  and  that  their  statements  are  entitled  to  full  faith  and  credit.  I  further 
[certify  that  I  have  no  interest,  direct  or  indirect,  in  the  above  claim. 

> 
[Signature.] 


[Official  character.] 
5323—02 16 


242 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


STATE  OF 
I, 


hereby  certify  that 


-,  County  of 

-,  clerk  of  the 


is 


court  of  the  county  and  State  aforesaid,  do 
— ,  duly  commissioned  and  qualified;  that 
day  of ,  19 — ,  and  will  expire  on  the 


his  commission  was  dated  on  the 

day  of ,  19 — ,  and  that  his  signature  above  written  is  genuine. 

Given  under  my  hand  and  the  seal  of  said  court  this day  of ,  19 — . 

,  Clerk. 

When  the  applicant  is  a  guardian,  letters  of  guardianship  should  be  furnished. 
This  application  should  be  properly  executed  and  forwarded  to  the  Commissioner  of  Pensions. 
It  is  desirable  that  the  witnesses  should  be  able  to  write  thair  own  names;  if  not,  their  marl 
should  be  witnessed. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  243 

[3-005.     Old  No.  3-012.] 

DECLARATION  OF  WIFE  UNDER  ACT  OF  MARCH  3,  1899. 


State  of ,  County  of ,  ss: 

On  this day  of  -  — ,  A.  D.  190 — ,  personally  appeared  before  me,  a 

within  and  for  the  county  and  State  aforesaid, ,  aged  —  —  years,  a 

resident  of  —  — ,  county  of ,  State  of ,  who,  being  duly  sworn  accord- 
in?:  to  law,  makes  the  following  declaration  in  order  to  obtain  one-half  of  the  pen- 
sion due  or  to  become  due  her  husband — ,  who  is  a  resident  pensioner 

of  the  United  States,  and  who .  [If  an  inmate  of  a  State  or  National 

Soldiers'  Home,  the  name  and  location  of  the  Home  should  be  fully  stated.  If 
not  an  inmate  of  a  Soldiers'  Home,  but  the  pensioner  has  deserted  his  lawful  wife 
for  a  period  of  over  six  months,  the  facts  should  be  fully  stated  here.] 

That  her  said  husband  served  as  a [rank]  in [here  give  full  service 

of  husband]  and  is  a  pensioner  by  certificate  number . 

That  she  was  married  under  the  name  of to  said —  at 

— ,  on  the day  of  —  — ,  18 — ,  by ;  that  there  was  no  legal 

barrier  to  the  marriage;  that  she  had  -  -  been  previously  married;  that  the 
-  had  -  -  been  previously  married.  [If  there  was  a  prior  marriage  of 
either,  the  date  and  place  of  death  or  divorce  of  former  consort  or  consorts  should 
be  stated.] 

That  she  has  not  been  divorced  from  her  said  husband;  that  she  is  a  woman  of 

good  moral  character  and  in  necessitous  circumstances,  and  is an  inmate  of 

any  institution  or  home  pro  ed  for  the  wives  and  children  of  soldiers  and  sailors. 

That  her  post-office  address  is ,  county  of ,  State  of . 


[Claimant's  signature.] 
Attest: 

1 . 

2 

Also  personally  appeared ,  residing  at  ,  and 


residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  .credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw ,  the 

[claimant,  sign  her  name  (or  make  her  mark)  to  the  foregoing  declaration;  that  they 
have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their  acquaint- 
ance with  her  for years  and years,  respectively,  that  she  is  the  identical 

person  she  represents  herself  to  be;  and  that  they  have  no  interest  in  the  prosecution 
of  this  claim. 

1 . 

2 . 

[Signatures  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this day  of  ,  A.  D.  190—,  and  I 

{hereby  certify  that  the  contends  of  the  above  declaration,  etc.,  were  fully  made 
Known  and  explained  to  the  applicant  and  witnesses  before  swearing,  including  the 

words  —     —  erased,  and  the  words added;  and  that  I  have  no  interest,  direct 

lor  indirect,  in  the  prosecution  of  this  claim. 


[Signature.] 


[Official  character.] 


244 


LAWS    DELATING    TO    ARMY    AND    NAVY    PENSIONS. 


To  be  executed  before  some  officer  or  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certifiate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


h    I    5 
o     *    2 

e  ;  a 

i— i     ~ 

^     < 

o 


•~  .         o 


1 


LAWS  RELATING  TO  ARMY  AND  NAVY  PENSIONS.     245 

[3—011.     Old  No.  3—015  />.] 

•:<  'LA  RATIOX  or  MINOR  CHILDREN,    UNDER  ACT  OF  MARCH  8,  1899. 

STATE  OF  —     —  ,  <  'aunty  of  -     —  ,  *x: 

On  this  --  day  of  -  —  ,  A.  D.  190  —  ,  personally  appeared  before  me,  a  - 
within  and  for  the  count}'  and  State  aforesaid,  —  —  ,  a  resident  of  —  —  , 

county  of  —  —  ,  State  of  --  ,  aged  -  —  years,  who,  being  duly  sworn  according 
to  law,  makes  the  following  declaration  as  the  guardian  of  the  minor  children  here- 
inafter named,  in  order  to  obtain  one-half  of  the  pension  due  or  to  become  due  their 
father,  —  —  ,  who  is  a  resident  pensioner  of  the  United  States,  and  who  —  —  . 

[If  an  inmate  of  a  State  or  National  Soldiers'  Home,  the  name  and  location  of  the 
Home  should  he  fully  stated.  If  not  an  inmate  of  a  Soldiers'  Home,  but  the  pen- 
sioner has  deserted  his  legitimate  minor  children  for  a  period  of  over  six  months,  the 
facts  should  be  fully  stated  here.] 

That  said  pensioner  served  as  a  -  [rank]  in  -  [give  full  service  of 
father]  and  is  pensioned  by  certificate  number  -  ,  and  has  the  following- 
named  legitimate  children,  who  are  now  living  and  under  sixteen  years  of  age, 
to  wit: 

—  ,  born  —     —  ,  18  —  ,  at  -  . 


1Q             nf 

10              nf 

1  Q          nf 

,..._._.     Vinrn 

18          nt 

That  the  father  was  married  to  the  mother  of  said  children  at  -  on  the  - 
day  of  -  ,  A.  D.  1  —  ,  by  --  ;  that  there  was  no  legal  barrier  to  said 
marriage. 

That  the  pensioner  has  no  lawful  wife  living,  and  that  said  children  are  the  only 
legitimate  children  of  pensioner  who  are  now  under  sixteen  years  of  age. 

That  said  children  are  -  inmates  of  any  institution  or  home  provided  for  the 
wives  and  children  of  soldiers  and  sailors. 

That  h  —  post-office  address  is  -  ,  county  of  -  ,  State  of  -  , 


[Claimant's  signature.] 
Attest: 

1 . 

2 

Also  personally  appeared ,  residing  at  ,  and , 

residing  at  —     — ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 
and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw  —  — , 

the  claimant,  sign  h —  name  (or  make  h —  mark)  to  the  foregoing  declaration;  that 
they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and  their 

acquaintance  with  h —  of  -   —  years  and  years,  respectively,  that  —    -  is  the 

identical  person  -   -  represents self  to  be;  and  that  they  have  no  interest  in 

the  prosecution  of  this  claim. 


[Signature  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this  day  of  ,  A.  D.  190—,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully  made 
known  and  explained  to  the  applicant  and  witnesses  before  swearing,  including  the 


246 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


-,  erased,  and  the  words 


words  - 

direct  or  indirect,  in  the  prosecution  of  this  claim, 
[i,  s.] 


-,  added;  and  that  I  have   no  interest, 


[Signature.] 


[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public, 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  term  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  \inless  such 
a  certificate  has  been  filed  in  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  taken  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect, 
in  the  prosecution  of  the  claim. 


0  &  ¥ 

i  s  ^ 

?  3  i 

§  s  s 


.§  -s 
> 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  247 

[3—020.     Old  No.  13— 019  b.] 

DECLARATION     OF    PERMANENTLY    HELP LEW    AND     DEPENDENT 

CHILD. 

[Under  act  of  March  3,  1899.] 

STATE  OF ,  County  of ,  .s.s: 

On  this day  of  ,  A.  D.  19 — ,  personally  appeared  before  me,  a 


within  and  for  the  county  and  State  aforesaid, ,  aged years,  who,  being 

dnly  sworn  according  to  law,  makes  the  following  declaration  as  the  guardian  of 
the  permanently  helpless  and  dependent  child  hereinafter  named,  in  order  to 
obtain  one-half  of  the  pension  due  or  to  become  due  h —  father,  —  — ,  who 

is  a  resident  pensioner  of  the  United  States,  and  who .  [If  an  inmate  of  a 

State  or  National  Soldiers'  Home,  the  name  and  location  of  the  Home  should  be 
fully  stated.  If  not  an  inmate  of  a  Soldiers'  Home,  but  the  pensioner  has  deserted 
his  permanently  helpless  and  dependent  child  for  a  period  of  over  six  months,  the 
facts  should  be  fully  stated  here.] 

That  said  pensioner  served  as  a  [rank]  in  [give  full  service  of 

father],  and  is  pensioned  by  certificate  number . 

That  said  child [name]  is  the  legitimate  child  of  the  pensioner,  and  is  at 

the  present  time  suffering  from ,  which  said  disability  to  h —  best  knowledge 

and  belief  is  permanent  in  its  character  and  renders  the  said  child  permanently 
helpless. 

That  said  child  was  born  on day  of ,  A.  D.  1 — ,  and  is  dependent  on 

h —  father  for  support. 

That  the  father  was  married  to  the  mother  of  said  child  at ,  on  the day 

of ,  A.  D.  1 — ,  there  being  no  legal  barrier  to  such  marriage,  and  that  said 

pensioner  has  no  lawful  wife  living. 

That  there  are legitimate  children  of  said  soldier  now  living  under  the  age 

of  sixteen  years;  that  said  permanently  helpless  and  dependent  child  is an 

inmate  of  an  institution  or  home  provided  for  the  wives  and  children  of  soldiers 
and  sailors. 

That  h —  post-office  address  is ,  county  of ,  State  of . 


Attest: 

1  - 

2  - 


Also  personally  appeared ,  residing  at  ,  and , 

residing  at ,  persons  whom  I  certify  to  be  respectable  and  entitled  to  credit, 

and  who,  being  by  me  duly  sworn,  say  they  were  present  and  saw , 

the  claimant,  sign  h —  name  (or  make  h —  mark)  to  the  foregoing  declaration; 
that  they  have  every  reason  to  believe,  from  the  appearance  of  said  claimant  and 

their  acquaintance  with  h —  of years  and years  respectively,  that is 

the  identical  person  h —  represents  h — self  to  be;  and  that  they  have  no  interest  in 
the  prosecution  of  this  claim. 


[Signature  of  witnesses.] 

Sworn  to  and  subscribed  before  me  this  day  of  ,  A.  D.  19 — ,  and  I 

hereby  certify  that  the  contents  of  the  above  declaration,  etc.,  were  fully  made 
known  and  explained  to  the  applicant  and  witnesses  before  swearing,  including  the 


248 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


-,  erased,  and  the  words 


words  - 

direct  or  indirect,  in  the  prosecution  of  this  claim. 

[I,  8.] 


-,  added;  and   that    I    have  no  interest, 


{Signature.] 

[Official  character.] 

To  be  executed  before  some  officer  of  a  court  of  record  having  custody  of  its  seal,  a  notary  public 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths  for  general  purposes.  If  such 
officer  is  not  required  by  law  to  have  and  use  a  seal,  his  official  character,  signature,  and  terms  of 
office  must  be  certified  by  the  proper  State,  county,  or  city  officer  under  his  official  seal,  unless  such 
a  certificate  has  been  filed  fn  the  Bureau  of  Pensions  for  general  reference. 

Testimony  in  support  of  allegations  made  in  a  declaration  may  be  made  before  any  officer  whose 
authority  and  signature  are  duly  certified,  and  who  shall  disclaim  any  interest,  direct  or  indirect,  in 
the  prosecution  of  the  claim. 


£ 


D 


AWS  OR  THE  UNITED  STATES 


GOVERNING    THE   GRANTING    OF 


ARMY    AND    NAVY    PENSIONS. 
JULY,  19O2. 


249 


ADDENDA  TO  THE  LAWS  OF  THE  UNITED  STATES  GOVERNING 
THE  GRANTING  OF  ARMY  AND  NAVY  PENSIONS.-JULY,  1902. 


AN  ACT  for  the  better  organization  of  the  line  of  the  Army  of  the    A«t  26  Apr., 
United  States.  18stat.  L.,  v.  30. 

*  *  *  *  *  -X--X-P-  365- 

SEC.  6.   *     *     *    Provided  further,   That  any  soldier 
who  deserts  shall,  besides  incurring  the  penalties  nowrights- 
attaching-  to  the  crime  of  desertion,  forfeit  all  right  to 
pension  which  he  might  otherwise  have  acquired. 

Approved,  April  26,  1898. 


AX  ACT  making  appropriations  for  the  naval  service  for  the  fiscal    Act 4 May,  1898. 
year  ending  June  tl 
for  other  purposes. 


year  ending  June  thirtieth,  eighteen  hundred  and  ninety-nine,  and  p.  377.'    "  v>     ' 


*     *     * 


And  whenever  any  officer,  seaman,  or  marine  amended13'  R'  St' 
entitled  to  a  pension  is  admitted  to  the  Naval  Home  at  mat^o?  Navai 
Philadelphia,  or  to  a  naval  hospital  his  pension,  while  he  Si^br^lwSi 
remains  there,  shall  be  deducted  from  his  accounts  and  secretary  Pofdthe 
paid  to  the  Secretary  of  the  Navy  for  the  benefit  of  the  Navy> 
fund  from  which  such  home  or  hospital,  respectively,  is 
maintained;  and  section  forty-eight  hundred  and  thirteen 
of  the  Revised  Statutes  of  the  United  States  is  hereby 
amended  accordingly. 
Approved,  May  4,  1898. 


AN  ACT  to  remove  the  disability  imposed  by  section  three  of  the^Act    6    June, 
Fourteenth  Amendment  to  the  Constitution  of  the  United  States.        stat  L  v  30  p 

432 

Be  it  enacted  In/  the  Senate  and  House  of  Representatives    Political  diaa- 

n     -,      -rr    .      -,    r?  .         ••     w  777  bility  removed. 

of  the  Umted  States  of  America  in  Congress  assembled, 
That  the  disability  imposed  by  section  three  of  the  Four- 
teenth Amendment  of  the  Constitution  of  the  United 
States  heretofore  incurred  is  hereby  removed. 

Approved,  June  6, 1898. 

251 


252 


LAWS    RELATING   TO    ARMY    AND   NAVY    PENSIONS. 


Act    13   June,  AN  ACT  to  provide  ways  ami  means  to  meet  war  expenditures  and 


462-  »  *  -  *  *  *  •*  * 

Spanish     war      Provided,  That  no  stamps  shall  be  required  upon  any 

taxes     removed  L  •  .    1 

from  pension  pa-  papers  necessary  to  be  used  for  the  collection  of  claims 
from  the  United  States  for  pensions,  back  pay,  bounty, 
or  for  property  lost  in  the  military  or  naval  service. 
Approved,  June  13,  1898.  . 


Act      j   Apr.,  AN  ACT  repealing  section  forty-seven  hundred  and  sixteen  of  the 

Stat  L  v  31         Revised  Statutes,  so  far  as  the  same  may  be  applicable  to  the  claims 

136.  of  dependent  parents  of  soldiers,  sailors,  and  marines  who  served  in 

the  Army  or  Navy  of  the  United  States  during  the  war  with  Spain. 

Be  it  en.acted  by  the  Senate  and  House  of  Representatn 
of  the  United  States  of  America  in  Congress  a-ssen 
That  section  forty -seven  hundred  and  sixteen  of  the 
vised  Statutes  be,  and  the  same  is  hereby,  repealed,  so  fai 
as  the  same  may  be  applicable  to  the  claims  to  pension  oi 
dependent  parents  of  soldiers,  sailors,  and  marines  who 
served  in  the  Army  or  Navy  of  the  United  States  during 
the  war  with  Spain. 

Approved,  April  18,  1900. 


sec.   4716   re- 


i9<X)Ct    23    Apr*'  AN  ACT  to  exten(i  the  provisions  of  an  Act  entitled  "An  Act  grant- 

'      — - —      ing  increase  of  pension  to  soldiers  of  the  Mexican  war  in  certain 

137.  cases,"  approved  January  fifth,  eighteen  hundred  and  ninety-thi 

survivors11    war      ^e  it  enacted  by  the  Senate  and  House  of  Representatw 
increase  of  of  the  United  States  of  America  in  Congress  assemble 

tain  cases.         That  the  benefits  of  the  Act  entitled  uAn  Act  granting 
increase  of  pension  to  soldiers  of  the  Mexican  war  in  cer- 
tain cases,"  approved  January  fifth,  eighteen  hundred  and 
ninety-three,  be,  and  they  are  hereby,  extended  to  all  sur-j 
vivors  of  the  Mexican  war  who  are  pensionable  under  ex- 
isting Mexican  war  service  pension  laws,  and  who  have 
become  or  may  hereafter  become  wholly  disabled  for  man- 
ual labor  and  in  such  destitute  circumstances  that  eight 
dollars  per  month  are  insufficient  to  provide  them  the  nec-i 
essaries  of  life,  irrespective  of  the  date  of  the  granting  of 
the  said  service  pension. 
Approved,  April  23,  1900. 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


253 


ACT  in  amendment  of  sections  two  and  three  of  an  Act  entitled    Act9May,i9QQ. 
"An  Act  granting  pensions  to  soldiers  and  sailors  who  are  incapaci-    Stat.  L.,v.  3i,p. 
tated  for  the  performance  of  manual  labor,  and  providing  for  pen- 
sions to  widows,  minor  children,  and  dependent  parents,"  approved 
June  twenty -seventh,  eighteen  hundred  and  ninety. 


Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled •, 
That  sections  two  and  three  of  an  Act  entitled  "An  Act 
granting  pensions  to  soldiers  and  sailors  who  are  incapaci- 
tated for  the  performance  of  manual  labor,  and  providing 
for  pensions  to  widows,  minor  children,  and  dependent 
parents,"  be,  and  the  same  are  hereby,  amended  so  as  to 
read  as  follows: 

"SEC.  2.  That  all  persons  who  served  ninety  days  or 
more  in  the  military  or  naval  service  of  the  United  States 
during  the  late  war  of  the  rebellion  and  who  have  been 
honorably  discharged  therefrom,  and  who  are  now  or  who 
may  hereafter  be  suffering  from  any  mental  or  physical 
disability  or  disabilities  of  a  permanent  character,  not  the 
result  of  their  own  vicious  habits,  which  so  incapacitates 
them  from  the  performance  of  manual  labor  as  to  render 
them  unable  to  earn  a  support,  shall  upon  making  due 
proof  of  the  fact,  according  to  such  rules  and  regulations 
as  the  Secretary  of  the  Interior  may  provide,  be  placed 
upon  the  list  of  invalid  pensioners  of  the  United  States, 
and  be  entitled  to  receive  a  pension  not  exceeding  twelve 
dollars  per  month  and  not  less  than  six  dollars  per  month, 
proportioned  to  the  degree  of  inability  to  earn  a  support; 
and  in  determining  such  inability  each  and  every  infirmity 
shall  be  duly  considered,  and  the  aggregate  of  the  disabili- 
ties shown  be  rated,  and  such  pension  shall  commence 
from  the  date  of  the  filing  of  the  application  in  the  Bu- 
reau of  Pensions,  after  the  passage  of  this  Act,  upon 
proof  that  the  disability  or  disabilities  then  existed,  and 
shall  continue  during  the  existence  of  the  same: 

"Provided,  That  persons  who  are  now  receiving  pen- 
sions under  existing  laws,  or  whose  claims  are  pending  in 
the  Bureau  of  Pensions,  may,  by  application  to  the  Com- 
missioner of  Pensions,  in  such  form  as  he  may  prescribe, 
showing  themselves  entitled  thereto,  receive  the  benefits 
of  this  Act;  and  nothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  any  pensioner  thereunder  from  prose- 
cuting his  claim  and  receiving  his  pension  under  any  other 
general  or  special  Act: 


Act  27  June, 
1890,secs.2aiid3 
amended. 


Disabled  sol- 
diers and  sailors 
entitled. 


Honorable  dis- 
charge prerequi- 
site. 

Vicious  habits 


Rate. 

Determination 
of  inability  to 
earn  a  support. 

Aggregate  of 
disabilitiesrated. 


Commen  ce- 
ment and  con- 
tinuance of  pen- 
sion. 


Pensioners  un- 
der existing 
laws,  etc.,  not 
barred. 


254 


LAWS   RELATING    TO    ARMY    AND    NAVY    PENSIONS. 


One  pension 
only  for  same 
period. 

Service  rank 
not  considered. 


Dependent 
widows  and  mi- 
nors entitled. 


Amount  of  in- 
come to  disqual- 
ify widow. 


Rate. 


Minors'  title. 


Insane  or  help- 
less children. 


Commence- 
mentof  pensions. 


Limitation  as 
to  time  of  mar- 
riage. 


"Provided  however  >  That  no  person  shall  receive  more 
than  one  pension  for  the  same  period: 

And  provided  further,  That  rank  in  the  service  shall  not 
be  considered  in  applications  filed  under  this  Act. 

USEC.  3.  That  if  any  officer  or  enlisted  man  who  served 
ninety  days  or  more  in  the  Army  or  Navy  of  the  United 
States  during  the  late  war  of  the  rebellion,  and  who  was 
honorably  discharged  has  died,  or  shall  hereafter  die, 
leaving  a  widow  without  means  of  support  other  than  her 
daily  labor,  and  an  actual  net  income  not  exceeding  two 
hundred  and  fifty  dollars  per  year,  or  minor  children 
under  the  age  of  sixteen  years,  such  widow  shall,  upon 
due  proof  of  her  husband's  death,  without  proving  his 
death  to  be  the  result  of  his  army  service,  be  placed  01 
the  pension  roll  from  the  date  of  the  application  therefoi 
under  this  Act,  at  the  rate  of  eight  dollars  per  monl 
during  her  widowhood,  and  shall  also  be  paid  two  dollai 
per  month  for  each  child  of  such  officer  or  enlisted  mar 
under  sixteen  years  of  age;  and  in  case  of  the  death  01 
remarriage  of  the  widow,  leaving  a  child  or  children  oi 
such  officer  or  enlisted  man  under  the  age  of  sixteen  years. 
such  pension  shall  be  paid  such  child  or  children  until  the  | 
age  of  sixteen: 

"Provided,  That  in  case  a  minor  child  is  insane,  idiotic, 
or  otherwise  physically  or  mentally  helpless,  the  pension 
shall  continue  during  the  life  of  said  child,  or  during  the 
period  of  such  disability;  and  this  proviso  shall  apply  to 
all  pensions  heretofore  granted  or  hereafter  to  be  granted 
under  this  or  any  former  statute;  and  such  pensions  shall 
commence  from  the  date  of  application  therefor  after  the 
passage  of  this  Act: 

"And  provided  further,   That  said  widow  shall   have 
married  said  soldier  prior  to  the  passage  of  the  said  A< 
of  June  twenty-seventh,  eighteen  hundred  and  ninety." 

Approved  May  9,  1900. 


Act    24 
1900. 


Stat.  L.,v.31,p- 
183. 


May,  AN  ACT  to  amend  section  five  of  an  Act  to  relieve  certain  appointed 
or  enlisted  men  of  the  Navy  and  Marine  Corps  from  the  rliar^r  <>f 
desertion,  approved  August  fourteenth,  eighteen  hundred  and  eighty- j 
eight. 


ri?eacorp8.d  Ma"     ^e  ^  enacted  ~by  the  Senate  and  House  of  Representatives 
Act  H  Aug.,  of  the  United  States  of  America  in  Congress  assembled, 
charge  of  deser- That  chapter  eight  hundred  and  ninety,  volume  twcnty- 
ani-  re  five,  of  the  United  States  Statutes  at  Large,  entitled  "An! 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  255 

Act  to  relieve  certain  appointed  or  enlisted  mm  of  the 
Navy  and  Marine  Corps  from  the  charge  of  desertion," 
approved  August  fourteenth,  eighteen  hundred  and  eighty- 
eight,  be,  and  the  same  is  hereby,  revived  and  reenacted. 

SEC.  2.  That  section  five  of  the  said  Act  be,  and  is  herebv,  limitation  as  to 

,     ,  ,,       ,.      .,    ,.  ,    ,  ...  t     filing  claims  re- 

so  amended  as  to  remove  the  limitation  of  time  within  moved, 
which  applications  for  relief  may  be  received  and  acted 
upon  under  the  provisions  of  said  Act. 
Approved,  May  24,  1900. 


AN  ACT  amending  section  forty -seven  hundred  and  eight  of  the  Act3Mar.i90i. 
Revised  Statutes  of  the  United  States  in  relation  to  pensions  to~stat.L.,v.3i,p. 
remarried  widows.  1445- 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  a^-d4^8' R- s- 
of  the  United  States  of  America  in  Congress  assembled, 
That  section  forty-seven  hundred  and  eight  of  the  laws  of 
the  United  States  governing  the  granting  of  army  and 
navy  pensions  be,  and  the  same  is,  amended  to  read  as 
follows: 

The  remarriage  of  any  widow,  dependent  mother,  or  wi^0wsiden end- 
dependent  sister  entitled  to  pension  shall  not  bar  her  right 
to  such  pension  to  the  date  of  her  remarriage,  whether  an 
application  therefor  was  filed  before  or  after  such  mar- 
riage; but  on  the  remarriage  of  any  widow,  dependent 
mother,  or  dependent  sister  having  a  pension,  such  pen- 
sion shall  cease: 

Provided,  however,  That  any  widow  who  was  the  lawful    Provisos. 
wife  of  any  officer  or  enlisted  man  in  the  Army,  Navy,  c 
Marine  Corps  of  the  United  States,  during  the  period  (rfJ£1R33dTKr 
his  service  in  any  war,  and  whose  name  was  placed  orJjy**^OIp,J 
shall  hereafter  be  placed  on  the  pension  roll  because  of vlded  ~ 
her  husband's  death  as  the  result  of   wound  or  injury 
received  or  disease  contracted  in  such  military  or  naval 
service,  and  whose  name  has  been  or  shall  hereafter  be 
dropped  from  said  pension  roll  by  reason  of  her  marriage 
to  another  person  who  has  since  died  or  shall  hereafter 
die,  or  from  whom  she  has  been  heretofore  or  shall  be 
hereafter  divorced,  upon  her  own  application  and  without 
fault  on  her  part,  and  if  she  is  without  means  of  support 
other  than  her  daily  labor  as  defined  by  the  Acts  of  June 
twenty-seventh,  eighteen  hundred  and  ninety,  and  May 
ninth,  nineteen  hundred,  shall  be  entitled  to  have  her 
name  again  placed  on  the  pension  roll  at  the  rate  now 


256  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

provided  for  widows  by  the  Acts  of  July  fourteenth, 
eighteen  hundred  and  sixty-two,  March  third,  eighteen 
hundred  and  seventy-three,  and  March  nineteenth,  eight- 
een hundred  and  eighty-six,  such  pension  to  commence 
from  the  date  of  the  filing  of  her  application  in  the  Pension 
Bureau  after  the  approval  of  this  Act: 

And  provided  further,   That    where    such    widow    is 

sion-  already  in  receipt  of  a  pension  from  the  United  States 

she  shall  not  be  entitled  to  restoration  under  this  Act: 

And  provided  further,  That  where  the  pension  of  said 
widow  on  her  second  or  subsequent  marriage  has  accrued 
to  a  helpless  or  idiotic  child,  or  a  child  or  children  under 
the  age  of  sixteen  years,  she  shall  not  be  entitled  to  res- 
toration under  this  Act  unless  said  helpless  or  idiotic  child, 
or  child  or  children  under  sixteen  years  of  age,  be  then  a 
member  or  members  of  her  family  and  cared  for  by  her, 
and  upon  the  restoration  of  said  widow  the  payment  oi 
pension  to  said  child  or  children  shall  cease. 

fgNo  attorney     gEC<  2.  No  claim  agent  or  other  person  shall  be  entitb 
to  receive  any  compensation  for  services  in  making  appli- 
cation for  pension  under  this  Act. 
Approved,  March  3,  1901. 

NOTE. — Conditions  to  be  shown  by  widow  to  gain  restoration  under 
this  act: 

First.  That  she  was  the  wife  of  soldier  during  his  military  service; 

Second.  That  pension  had  been  allowed  her  under  the  provisions  of 
the  general  law; 

Third.  That  she  is  dependent  within  the  meaning  of  the  act  of  27th 
June,  1890;  and 

Fourth.  That  if  pension  has  accrued  to  helpless  or  idiotic  child,  or 
a  minor  under  16  years,  said  child  or  children  is  or  are  in  her  care  and 
is  or  are  members  of  her  family. 


Act  10    Mar.,  AN  ACT  Making  appropriations  for  the  payment  of  invalid  and  oth< 


1902. 


pensions  of  the  United  States  for  the  fiscal  year  ending  June  thirtiet 
nineteen  hundred  and  three,  and  for  other  purposes. 


pensions   ap-     ^6  ^  enacted  by  the  Senate  and  Home  of  Representatii 

propri&tion.  -.  ,     . 

of  the  United  States  of  America  in  Congress  assembled, , 
That  the  following  sums  be,  and  the  same  are  hereby,  ap-j 
propriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  for  the  payment  of  pensions  for  the 
fiscal  year  ending  June  thirtieth,  nineteen  hundred  and 
three,  and  for  other  purposes,  namely: 

enSon?'    **"     -^or  army  an(*  navv  pensions,  as  follows:  For  invalids, 
widows,  minor  children,  and   dependent  relatives,  army 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  257 

i  nurses,  and  all  other  pensioners  who  are  now  borne  on  the 
I  rolls,  or  who  may  hereafter  be  placed  thereon,  under  the 
provisions  of  any  and  all  Acts  of  Congress,  one  hundred 
and  thirty-eight  million  five  hundred  thousand  dollars: 

Provided,  That  the  appropriation   aforesaid  for  navy    Navy  pensions. 
pensions  shall  be  paid  from  the  income  of  the  navy  pension 
fund,  so  far  as  the  same  shall  be  suffiicent  for  that  purpose: 

Provided  further.  That  the  amount  expended  under  each  SCpaStcnts  kept 
I  of  the  above  items  shall  be  accounted  for  separately. 

For  fees  and  expenses  of  examining  surgeons,  for  serv-    Fees-  etc.,  ex- 

,          ,       .,,.       ,•       /.        i  .  araining  sur- 

hces  rendered  within  the  hscal  year  nineteen  hundred  and&e<>ns- 
three,  eight  hundred  thousand  dollars.  And  each  member 
of  each  examining  board  shall,  as  now  authorized  by  law, 
receive  the  sum  of  two  dollars  for  the  examination  of  each 
applicant  whenever  five  or  a  less  number  shall  be  examined 
on  any  one  day,  and  one  dollar  for  the  examination  of  each 
additional  applicant  on  such  day: 

Provided,  That  if  twenty  or  more  applicants  appear  on  Hefted0*1™*10118 
one  day,  no  fewer  than  twenty  shall,  if  practicable,  be 
examined  on  said  day,  and  that  if  fewer  examinations  be 
then  made,  twenty  or  more  having  appeared,  then  there 
shall  be  paid  for  the  first  examinations  made  on  the  next 
examination  day  the  fee  of  one  dollar  only  until  twenty 
I  examinations  shall  have  been  made: 

Provided  further,  That  no  fee  shall  be  paid  to  any  mem-    NO  fee  unless 

„  .    .     '  ,  service    ren- 

ber  of  an  examining  board  unless  personally  present  and 
assisting  in  the  examination  of  applicant: 

And  provided  further,  That  the  report  of  such  examm- 
ing  surgeons  shall  specifically  state  the  rating  which  in  disabilities. 
their  judgment  the  applicant  is  entitled  to,  and  the  report 
of  such  examining  surgeons  shall  specifically  and  accu- 
rately set  forth  the  physical  condition  of  the  applicant, 
each  and  every  existing  disability  being  fully  and  care- 
fully described.  The  reports  of  the  special  examiners  of 
the  Bureau  of  Pensions  shall  be  open  to  inspection  and 
copy  by  the  applicant  or  his  attorney,  under  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may 
prescribe  : 

And  provided  further,  That  hereafter  no  pension  attor- 
ney,  claim  agent,  or  other  person   shall  be   entitled  to  or 
receive  any  compensation  for  services  rendered  in  secur-  through  con- 
ing   the  introduction   of  a  bill  or  the   passage   thereof 
through  Congress  granting  pension  or  increase  of  pension; 
and  any  person  who  shall,  directly  or  indirectly,  contract 
for,  demand,  receive,  or  retain  any  compensation  for  such 
5323—02  -  17 


258  LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS. 

services  shall  be  deemed  guilty  of  an  offense,  and  upon 

Penaityciause.  conviction  thereof  shall,  for  each  and  every  such  offense, 
be  fined  not  exceeding  five  hundred  dollars,  or  imprisoned 
not  exceeding  two  years,  or  both,  in  the  discretion  of  the 
court. 

Agents'  salary.  j?or  salarjes  of  eighteen  agents  for  the  payment  of  pen- 
sions, at  four  thousand  dollars  each,  seventy-two  thousand 
dollars. 

cierk  hire.  For  clerk  hire,  four  hundred  and  thirty  thousand  dollars: 
Provided,  That  the  amount  of  clerk  hire  for  each  agency 
shall  be  apportioned  as  nearly  as  practicable  in  proportion 
to  the  number  of  pensioners  paid  at  each  agency,  and  the 
salaries  paid  shall  be  subject  to  the  approval  of  the  Secre- 
tary of  the  Interior. 

Rents.  For   rents,    nine   thousand   four   hundred   and   eighty 

dollars. 

stationery,  etc.  For  stationery  and  other  necessary  expenses,  including 
fuel  and  lights,  thirty  thousand  seven  hundred  and  fiffr 
dollars. 

Approved,  March  10,  1902. 


Act  28  A  p  r.,  AN  ACT  making  appropriations  for  the  legislative,  executive,  and 

-  -  -     judicial  expenses  of  the  Government  for  the  fiscal  year  ending 

June  thirtieth,  nineteen  hundred  and  three,  and  for  other  purposes. 


the  Senate  and  House  of  RepresentaM 

tion  act.  tives  of  the  United  States  of  America  in  Congress  assem- 

bled, That  the  following  sums  be,  and  the  same  are  hereby, 
appropriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  in  full  compensation  for  the  service  of| 
the  fiscal  year  ending  June  thirtieth,  nineteen  hundi 
and  three,  for  the  objects  hereinafter  expressed,  namely; 
salaries  officers  PENSION  OFFICE:  For  the  Commissioner  of  Pensioi 

Bureau  of   Pen- 

five  thousand  dollars;  First  Deputy  Commissioner,  thrc 
thousand  six  hundred  dollars;  Second  Deputy  Commit 
sioner,  three  thousand  six  hundred  dollars;  chief  clerk, 
two  thousand  two  hundred  and  fifty  dollars;  assistant 
chief  clerk,  two  thousand  dollars;  medical  referee  three 
thousand  dollars;  assistant  medical  referee,  two  thousand 
two  hundred  and  fifty  dollars;  two  qualified  surgeons 
who  shall  be  experts  in  their  profession,  at  two  thousand 
dollars  each;  thirty-eight  medical  examiners,  who  shall 
be  surgeons  of  education,  skill,  and  experience  in  their 
profession,  at  one  thousand  eight  hundred  dollars  each; 


LAWS    RELATING    TO    ARMY    AND    NAVY    PENSIONS.  259 

ten  chiefs  of  division,  at  two  thousand  dollars  each;  law 
clerk,  two  thousand  two  hundred  and  fifty  dollars;  chief 
of  board  of  review,  two  thousand  two  hundred  and  fifty 
(dollars;  fifty-seven  principal  examiners,  at  two  thousand 
dollars  each;  twenty  assistant  chiefs  of  division,  at  one 
thousand  eight  hundred  dollars  each;  three  stenographers, 
at  one  thousand  six  hundred  dollars  each;  seventy  clerks 
of  class  four;  eighty-five  clerks  of  class  three;  three  hun- 
dred and  thirty  clerks  of  class  two;  four  hundred  clerks 
of  class  one;  two  hundred  and  fifty  clerks,  at  one  thou- 
sand dollars  each;  one  hundred  and  forty-five  copyists; 
superintendent  of  building,  one  thousand  four  hundred 
dollars;  two  engineers,  at  one  thousand  two  hundred  dol- 
lars each;  three  firemen;  thirty-three  messengers;  twelve 
assistant  messengers;  twenty  messenger  boys,  at  four 
hundred  dollars  each;  forty-five  laborers;  ten  female 
laborers,  at  four  hundred  dollars  each;  fifteen  charwomen; 
one  painter,  skilled  in  his  trade,  nine  hundred  dollars;  one 
[cabinetmaker,  skilled  in  his  trade,  nine  hundred  dollars; 
[captain  of  the  watch,  eight  hundred  and  forty  dollars; 
[three  sergeants  of  the  watch,  at  seven  hundred  and  fifty 
[dollars  each,  twenty  watchmen;  in  all,  one  million  nine 
[hundred  and  sixty-four  thousand  eight  hundred  and  ten 
(dollars. 

For  per  diem,  when  absent  from  home  and  traveling  on    Per  diem— 

when  RllowGd 

[duty  outside  the  District  of  Columbia,  for  special  exam- 
iners, or  other  persons  employed  in  the  Bureau  of  Pensions 
(detailed  for  the  purpose  of  making  special  investigations 
Ipertaining  to  said  Bureau,  in  lieu  of  expenses  for  subsist- 
]ence,  not  exceeding  three  dollars  per  day,  and  for  actual 
nd  necessary  expenses  for  transportation  and  assistance 

ind  any  other  necessary  expenses,  including  telegrams, 

:hree  hundred  and  fifty  thousand  dollars: 
Provided,  That  two  special  examiners  or  clerks  detailed    Proviso. 

md  acting  as  chief  and  assistant  chief  of  the  division  of    chief  and  aa- 

t .  .      sistant  chief  spe- 

special  examiners  may  be  allowed,  from  this  appropria- ciai  examiners- 

.  J .  V         di vision. 

tion,  in  addition  to  their  salaries  and  in  lieu  of  per  diem 
and  all  expenses  for  subsistence,  a  sum  sufficient  to  make 
their  annual  compensation  two  thousand  dollars  and  one 
thousand  eight  hundred  dollars,  respectively,  and  when- 
Bver  it  may  be  necessary  for  either  of  them  to  travel  on 
official  business  outside  the  District  of  Columbia  by  spe- 
cial direction  of  the  Commissioner,  he  shall  receive  the 
same  allowance  in  lieu  of  subsistence  and  for  transporta- 
tion as  is  herein  provided  for  special  examiners  and  de- 


260 


LAWS   EELATING    TO    ARMY    AND    NAVY    PENSIONS. 


tailed  clerks  engaged  in  field  service;  and  the  Secretary  of 
the  Interior  shall  so  apportion  the  sum  herein  appropri- 
ated as  to  prevent  a  deficiency  therein. 

For  an  additional  force  of  one  hundred  and  fifty  special 
examiners  for  one  year,  at  a  salary  of  one  thousand  three 
hundred  dollars  each,  one  hundred  and  ninety-five  thou- 
sand dollars;  and  no  person  so  appointed  shall  be  emploj^ed 
in  the  State  from  which  he  is  appointed;  and  any  of  those 
now  employed  in  the  Pension  Office  or  as  special  examiners 
may  be  reappointed  if  they  be  found  to  be  qualified. 

Approved,  April  28,  1902. 


Act 
1902- 


27  June, 


N  ACT  to  extend  the  provisions,  limitations,  and  benefits  of  an  Act 
entitled  "An  Act  granting  pensions  to  the  survivors  of  the  Indh 
wars  of  eighteen  hundred  and  thirty-two  to  eighteen  hundred 
forty-two,  inclusive,  known  as  the  Black  Hawk  war,  Creek 
Cherokee  disturbances,   and  the  Seminole  war,"  approved  Ji 
twenty-seventh,  eighteen  hundred  and  ninety-two. 


Indian  warden- 
sioned.  Of 


-Be 


the  Senate  and  House  of  Hepresentatii 
United  /States  of  America  in  Congress  assemb 
i8wcamended  y'  That  the  provisions,  limitations,  and  benefits  of  the  Aci 
entitled  "An  Act  granting  pensions  to  survivors  of  the 
Indian  wars  of  eighteen  hundred  and  thirty-two  to  eight* 
een    hundred    and    forty-two,  inclusive,  known    as   thei 
Black  Hawk  war,  Creek    war,    Cherokee  disturbances, 
and  the  Seminole  war,"  approved  July  twenty-seventh, 
eighteen  hundred  and  ninety-two,  be,  and  the  same  ar$ 
hereby,  extended,  from  the  date  of  the  passage  of  this 
Act,  to  the  surviving  officers  and  enlisted  men,  including 
marines,  militia,  and  volunteers  of  the  military  and 
Thirty  days'  service  of  the  United  States  who  served  for  thirty  days 

service   and   an  . 

chan°erareredui~more  an(^  were  honorably  discharged  under  the  Unil 
States  military,  State,  Territorial,  or  provisional  authoi 
ties  in  the  Florida  and  Georgia  Seminole  Indian  war 
eighteen  hundred  and  seventeen  and  eighteen  hundi 
and  eighteen;  the  Fevre  River  Indian  war  of  Illinois  oi 
eighteen  hundred  and  twenty  -seven;  the  Sac  and  Fox 
Indian  war  of  eighteen  hundred  and  thirty-one;  the  Sabine 
Indian  disturbances  of  eighteen  hundred  and  thirty-six 
and  eighteen  hundred  and  thirty-seven;  the  Cayuse  Indian 
war  of  eighteen  hundred  and  forty-seven  and  eighteen 
hundred  and  forty  -eight,  on  the  Pacific  coast;  the  Florida 
wars  with  the  Seminole  Indians,  from  eighteen  hundred 
and  forty-two  to  eighteen  hundred  and  fifty-eight,  inclu- 


8ite- 


LAWS    EELATING    TO    ARMY    AND    NAVY    PENSIONS.  261 

sive;  the  Texas  and  New  Mexico  Indian  war  of  eighteen 
hundred  and  forty-nine  to  eighteen  hundred  and  fifty-six; 
the  California  Indian  disturbances  of  eighteen  hundred 
and  fifty-one  and  eighteen  hundred  and  fifty-two;  the  Utah 
Indian  disturbances  of  eighteen  hundred  and  fifty  to  eight- 
een hundred  and  fifty-three,  inclusive,  and  the  Oregon 
and  Washington  Territory  Indian  wars  from  eighteen 
I  hundred  and  fifty -one  to  eighteen  hundred  and  fifty-six, 
inclusive;  and  also  to  include  the  surviving  widows  of 
such  officers  and  enlisted  rnen: 
Provided,  That  such  widows  have  not  remarried:  surviving  wid- 

ows  entitled. 

And  provided  further,  That  where  there  is  no  record  of  acf|c°era  ?£  1X>y 
enlistment  or  muster  into  the  service  of  the  United  States  otneniistfment°or 
in  any  of  the  wars  mentioned  in  this  Act  the  record  of  p&y muster- 
by  the  United  States  shall  be  accepted  as  full  and  satis- 
factory proof  of  such  enlistment  and  service: 

And  provided  further,   That  all  contracts  heretofore  nl^f  and°voidCts 
made  between  the  beneficiaries  under  this  Act  and  pension 
[attorneys  and  claim  agents  are  hereby  declared  null  and 
[void. 

Approved,  June  27, 1902. 


JOINT  RESOLUTION  construing  the  Act  approved  June  twenty-    Act  Uuly,  1902. 
seventh,  eighteen  hundred  and  ninety,  entitled  "An  Act  granting 
pensions  to  soldiers  and  sailors  who  are  incapacitated  for  the  per- 
formance of  manual  labor,  and  providing  for  pensions  to  widows, 
minor  children,  and  dependent  parents,  and  for  other  purposes." 


Resolved  by  the  Senate  and  Home  of  Representatives 
the  United  States  of  America  in  Congress  assembled,  That 
the  Act  approved  June  twenty-seventh,  eighteen  hundred  moved,  except- 
and  ninety,  entitled  "An  Act  granting  pensions  to  soldiers 
and  sailors  who  are  incapacitated  for  the  performance  of 
manual  labor,  and  providing  for  pensions  to  widows, 
minor  children,  and  dependent  parents,"  is  construed  and 
held  to  include  all  persons  and  the  widows  and  minor 
children  of  all  deceased  persons,  subject  to  the  limitations 
of  said  Act,  who  served  for  ninety  days  in  the  military  or 
naval  service  of  the  United  States  during  the  late  war  of 
the  rebellion,  and  who  have  been  honorably  discharged 
therefrom,  and  section  forty-seven  hundred  and  sixteen, 
Revised  Statutes  United  States,  is  amended  accordingly: 

Provided,  howevw,  That  the  foregoing  shall  not  apply 
to  those  who  served  in  the  First,  Second,  Third,  Fourth, 
Fifth,  and  Sixth  regiments  United  States  Volunteer 


262  LAWS    RELATING    TO    AEMY    AND    NAVY    PENSIONS. 

Infantry  who  had  a  prior  service  in  the  Confederate  army  I 
or  navy  and  who  enlisted  in  said  regiments  while  confined  -I 
as  prisoners  of  war  under  a  stipulation  that  they  were  notjSI 
to  be  pensionable  under  the  laws  of  the  United  States,  nor  I 
to  those  who,  having  had  such  prior  service,  enlisted  in:  I 
the  military  or  naval  service  of  the  United  States  after  tha.  I 
first  day  of  January,  eighteen  hundred  and  sixty  -five. 
bu^ia£h?m     SEC.  2.  That  in  the  administration  of  the  pension  laws  I 
governs,  provid-  anv  en}isted  man  of  the  Army,  including  regulars,  volun- 
teers, and  militia,  or  any  appointed  or  enlisted  man  of  thai 
Navy  or  Marine  Corps,  who  was  honorably  discharged  I 
from  the  last  contract  of  service  entered  into  by  him  dur-|| 
ing  the  late  war  of  the  rebellion,  shall  be  held  and  consid 
ered  to  have  been  honorably  discharged  from  all  similar 
contracts  of  service  previously  entered  into  by  him  with 
the  United  States  during  said  war: 

Provided,  That  such  enlisted  or  appointed  man  serve 


shown111'  etc>>  is  no^  IGSS  tnan  six  months  under  said  last  enlistment  or  a] 
pointment,  that  his  entire  service  under  said  last  enlistmei 
or  appointment  was  faithful,  and  that  he  did  not  receiv< 
by  reason   of  said  last  enlistment  or  appointment  air 
bounty  or  gratuity  other  than  from  the  United  States  inj 
excess  of  that  to  which  he  would  have  been  entitled  if  he] 
had  continued  to   serve   faithfully  until  honorably  dis- 
charged under  any  contract  of  service  previously  entered 
into  by  him,  either  in  the  Army,  Navy,  or  Marine  Corps, 
during  the  war  of  the  rebellion. 
Approved,  July  1,  1902. 


A. 

ABANDONMENT:  Page. 

By  widow  of  minor  child  or  children  forfeits  pension.     Section  4706 79 

ABSENCE: 

Or  death  of  Commissioner  of  Pensions,  who  may  act.     Section  472 3 

On  sick  leave,  sick  furlough,  or  veteran  furlough,  soldier's  status.     Section 

4700 35 

Seven  years  presumption  of  death.     Act  March  13,  1896 96 

ACCRUED  PENSION: 

Disposal  of  and  to  whom  paid.     Section  4718  and  act  March  2,  1895 77-78 

Due  in  restoration  claims,  evidence  required  to  secure.     Section  4719 79 

Due  certain  inmates  of  Government  Hospital  for  the  Insane  to  be  retained 

for  hospital  fund.     Act  August  7,  1882 . 120 

In  hands  of  treasurers  of  National  Homes,  paid  to  heirs  on  death.     Acts 

August  7,  1882,  and  March  3,  1883 113,116 

Not  assets  of  an  estate  of  a  deceased  pensioner 77-78 

Not  liable  to  the  debts  of  a  deceased  pensioner 77-78 

Where  pensioner  dies  subsequent  to  mailing  of  check  and  before  payment, 

disposition  of.     Acts  March  1,  1889,  and  June  1,  1890 87, 112 

Where  certificate  issues  and  beneficiary  named  dies  before  payment,  dis- 
position of.     Acts  March  1,  1889,  and  June  30,  1890 87, 112 

ACKNOWLEDGMENT.     (See  Oaths. ) 
ACT  JUNE  27,  1890,  AND  AMENDMENTS: 

Aggregate  of  disabilities  rated  in  claims  under.     Act  May  9,  1900 253 

Commencement  and  continuance  thereunder.     Act  May  9,  1900 253 

Construed.     Act  July  1,  1902 261 

Determination  of  inability  to  earn  a  support.     Act  May  9   1900 253 

Final  honorable  discharge  governs,  provided  six  months'  service  is  shown. 

Act  July  1,  1902 '. 262 

Limitation — 

As  to  time  of  marriage.     Act  May  9, 1900 254 

Of  section  4716  removed  in  cases  under.     Act  July  1,  1902 261 

Rejected,  suspended,  or  dismissed  claims  under,  commencement  of  pen- 
sions.    Act  March  6,  1896 95 

Rules  and  regulations  as  to  claims  under 179 

Service  rank  not  considered.    Act  May  9,  1900 254 

Soldiers  and  sailors  of  war  of  the  rebellion  and  their  widows,  etc. ,  entitled .        61 
Widow's  income,  amount  necessary  to  disqualify  title.     Act  May  9, 1900  .      254 
ACTS: 

May  21,  1872.  Penalty  for  retaining  discharge  papers,  etc ... 

June  6,  1874.  Special  act  pensions  equalized 149 

June  18,  1874— 

Increase  for  total  disability 

Increase  for  loss  of  arm  at  or  below  elbow,  etc 17 

263 


264  INDEX. 

ACTS — Continued.  Page. 

March  3,  1875.  Embezzlement,  stealing  public  property,  etc 146 

August  15,  1876.  Regulations  as  to  issuance  of  artificial  limbs 153 

February  27,  1877.  Artificial  limbs 154 

February  28,  1877.  Rate  of  pension  for  loss  of  one  hand  or  one  foot 26 

March  3,  1877— 

Equalizing  pensions  to  certain  officers  in  the  Navy 12 

Equalizing  navy  officers'  pensions 23 

Provisions  of  section  4716  removed  as  to  those  who  aided  the  rebel- 
lion and  afterwards  enlisted  in  the  United  States  Army 82 

March  8,  1878.  Death  of  pension  agents,  vacancy,  how  filled 117 

March  9,  1878.  Soldiers  and  sailors  of  the  war  of  1812  and  their  widows, 

pensionable  status 66-69 

June  14,  1878.  Appropriation  act,  salary  of  pension  agents 118 

June  17,  1878.  Increase  for  loss  of  both  hands  or  both  feet 17 

June  18,  1878.  Lieutenant  commanders  in  Navy 23 

June  20,  1878.  Attorneys  and  agents 125 

January  25,  1879.  Increase  of  pension  on  account  of  wounds,  death,  etc..  32-33 
March  1,  1879.  Civil  employees  of  the  United  States  entitled  to  pension. . 
March  3,  1879— 

Soldiers  and  sailors,  totally  blind,  increase  granted li 

Amputation  at  hip  joint,  rate  of  pension 

Arrears  of  pension 

May  17,  1879.  Conspiracy 

June  21,  1879.  Commissioner's  authority  to  increase  or  reduce  pensions.. 

June  9,  1880.  Restoring  pensions  in  certain  cases 12 

June  16,  1880.  Total  disability,  increase  granted  for 18 

February  26,  1881.  Regulating  pensions  of  inmates  of  National  Homes  for 

Disabled  Volunteers 113 

March  3,  1881.  Relief  of  certain  citizens  of  Montana,  Nez  Perce  Indian 

war 150 

July  25,  1882.  Amending  section  4744,  detailed  clerks  as  special  exam- 
iners    84,86,136,145 

Augusts,  1882.  Duties  of  first  and  second  deputy  commissioners 4 

August  7,  1882— 

Certain  soldiers  relieved  from  charge  of  desertion 37 

Amending  section  4702,  widows  and  minors,  when  entitled 

Pensions  to  inmates  of  National  Homes  for  Disabled  Volunteers 11< 

Insane  pensioners  who  are  inmates  of  National  Homes,  disposition  of 

pension,  etc 114, 119-11 

August  8,  1882.  Amending  section  4766,  pensions  paid  only  to  persons 

entitled,  except 

February  28,  1883.  Pledge  or  transfer  of  pension  void 

March  3,  1883— 

Increase  for  loss  of  arm  or  leg 11 

Regulations,  Soldiers'  Home,  Washington,  D.  C .. lit 

April  18,  1884.  False  personation  of  United  States  officer,  etc 144 

June  3,  1884.  Muster  and  pay  of  certain  volunteer  officers  and  enlisted 

men 46 

July  4,  1884.  Attorneys'  fees,  etc 125-128 

July  5,  1884.  Relief  of  soldiers  charged  with  desertion 39-40 

February  16,  1885.  Amending  section  3646,  duplicates  for  lost  checks,  how 
issued  (see  sec.  4770,  p.  117) 120 


INDEX.  265 

ACTS — Continued.  Page. 
March  3,  1885— 

Pension  for  loss  of  arm  at  shoulder  joint,  etc 20 

Appropriation  act 86 

March  19,  1886.  Increase  to  widows,  etc 55 

May  15,  1886.  Discharges  for  Missouri  Home  Guards 150 

May  17,  1886.  Removal  of  charge  of  desertion  from  records  in  certain 

cases 40 

August  4,  1886.  Increase  for  loss  of  arm  or  leg 20 

January  3,  1887.  Relief  of  survivors  of  steamer  Jeannette 151 

January  29,  1887— 

Pension  for  soldiers  and  sailors  of  the  Mexican  war 74 

Relief  of  sufferers  of  the  steamer  Ashuelot 151 

February  3,  1887.  Pay  and  muster  of  certain  volunteer  officers 47 

February  19,  1887.  Marriage  ceremonies  in  Territories 54 

June  7,  1888.  Commencement  of  widows'  pension,  oaths  by  United  States 

officers  administered  free  in  certain  cases 54 

August  14,  1888.  Relief  of  certain  enlisted  men  in  the  Navy  and  Marine 
Corps  from  the  charge  of  desertion  (amended  by  act  May  24, 1900) .  12-14, 254 

August  27,  1888.  Increase  in  cases  of  deafness 21 

February  12,  1889.  Increase  for  loss  of  both  hands 18 

March  1,  1889.  Payment  on  pension  checks  and  certificate  where  subse- 
quent to  issuance  pensioner  dies 112 

March  2,  1889.  Relief  of  certain  soldiers  of  the  Mexican  and  civil  wars, 

charged  with  desertion 41-44 

March  4,  1890.  Increase  for  total  disability 19 

June  27,  1890.  Pensions  for  soldiers  and  sailors  of  war  of  rebellion  and 

their  widows,  etc.  (see  also  acts  May  9,  1900,  and  July  1,  1902) 61-63 

June  30,  1890.  Appropriation  act 87-89 

July  1,  1890.  Oaths  in  pension  and  other  cases,  before  whom  made 106 

August  29,  1890— 

Officers  on  retired  list  not  pensionable 37 

Oaths,  Department  chief  clerks  to  administer  in  certain  cases 108 

September  1, 1890.  Oaths,  those  authorized  to  administer,  in  pension  cases.  106 

February  10,  1891.  Amending  sections  4783  and  5486,  embezzlement 138 

March  2,  1891.  Minor  soldier,  when  not  entitled  to  pension 44 

March  3,  1891— 

Pensions  to  Powell's  battalion  Missouri  Mounted  Volunteers 75 

Appropriation  act 89-91 

Pension  agencies  grouped,  payment  of  pensions 91,  111 

Attorneys'  fees  in  increase  claims 90, 129 

Special  examiners  authorized  to  administer  oaths 91, 136 

Amending  section  4787,  artificial  limbs 155 

July  14,  1892.  Total  disability,  frequent  aid  and  attendance,  $50  rate 27 

July  26,  1892.  As  to  execution  of  declarations  and  other  papers 107 

July  27,  1892— 

Extending  limitation  for  filing  claims  for  removal  of  charge  of  deser- 
tion   •  •••  45 

Pensions  to  survivors  of  Indian  wars,  amended  by  act  June  27, 1902.  71, 260 

August  1,  1902.  Repealing  provisions  of  section  4716  in  certain  cases 49 

August  5,  1892.  Pensions  to  army  nurses 64 

January  5,  1893.  Increase  in  certain  Mexican  war  cases 76 

February  3,  1893.  Proof  of  citizenship  in  Indian  war  claims 72 

March  1,  1893.  Nonpayment  of  pensions  to  nonresidents,  except 92 


266  INDEX. 

ACTS — Continued.  Page. 

March  3,  1893.  State  and  Territorial  Homes,  deduction  for  pension  re- 
tained          49 

December  21,  1893.  Pension  not  to  be  withheld  or  suspended  without 
notice 80 

July  18,  1894.  Fees  and  expenses  of  examining  surgeons 92 

August  23,  1894.  Fourth-class  postmasters  authorized  to  execute  pension 
vouchers 108 

February  15,  1895.  Benefits  of  act  of  June  27,  1890,  extended  to  certain 
Missouri  troops  and  their  widows  and  minors 63 

March  2,  1895— 

Accrued  pension,  how  and  to  whom  paid 77 

Limitation  for  removal  of  desertion  proceedings  rescinded 45 

Appropriation  act — provision  for  nonpayment  of  pensions  to  nonresi- 
dents repealed,  etc 93 

March  6,  1896.  Appropriation  act,  commencement  of  pension,  etc.,  under 
act  June  27,  1890 95-96 ^ 

March  13,  1896.  Death  presumed  from  absence 

March  23,  1896.  Taking  affidavits,  etc.,  by  pension  agents  abolished 11( 

May  13,  1896.  Marriages  in  District  of  Columbia 5' 

May  25,  1896.  One  year's  residence  in  Territories  prerequisite  to  obtaining 
divorce 5' 

May  28,  1896— 

Appropriation  act,  chief  and  assistant  chief  special  examiners'  division 

provided  for 

Giving  pension  benefits  to  master,  mate,  etc.,  of  steam  vessels  drafted 
into  the  service  of  the  United  States 1 

June  11,   1896.    Bounty  benefits  extended  to  all  honorably  discharged 
enlisted  men 15 

February  5,  1897.  Benefits  of  sections  1426  and  1573  extended  to  Gray's 
battalion  Arkansas  Volunteers 76 

February  24,  1897.  Relief  of  certain  officers  and  enlisted  men  of  the  vol- 
unteer forces,  war  of  rebellion 50 

March  14,  1898.  Appropriation  act,  no  pensions  paid  to  foreign  pensioners 
by  power  of  attorney 98-99 

March  30,  1898.  Relief  of  sufferers  of  U.  S.  S.  Maine 103-104 

April  22,  1898.  Status  of  officers,  etc. ,  of  Volunteer  Army 101 

April  26,  1898.  Desertion  forfeits  pension 25: 

May  4,  1898.  Pensions  to  inmates  of   Naval  Home,  Philadelphia,  and 
naval  hospitals,  to  whom  paid 25 

June  6,  1898.  Political  disability  in  pension  claims  removed 25: 

'    June  13,  1898.  Spanish  war  taxes  removed  from  pension  papers 

July  7,  1898.  Penalty  for  false  affidavits  and  postdating  vouchers 147-1 

February  4,  1899.  Appropriation  act 100-10 

February  27,  1899.  Relief  of  Fourth  Arkansas  Mounted  Infantry 101-1 

March  3,  1899.  Diversion  of  pension  during  desertion  from  family,  resi- 
dence in  State  and  National  Homes,  conditions  and  regulations 121-1 

April  18,  1900.  Ex-Confederate  parents  may  draw  pension  for  sons'  serv- 
ices in  Spanish  war 

April  23,  1900.  Increase  of  pension  in  Mexican  war  claims 25! 

May  9,  1900.  Amending  act  June  27,  1890,  pension  to  soldiers  and  sailors 
of  war  of  the  rebellion  and  their  widows,  etc 253 

May  24,  1900.  Desertion,  Navy  and  Marine  corps,  removal  of  limitation 
for  filing  claims 254 


INDEX.  267 

ACTS — Continued.  page. 

March  3,  1901.  Section  4708,  Revised  Statutes,  amended,  remarriage,  etc.      255 
March  10,  1902.  Appropriation  act,  fees  of  examining  surgeons,  salary  of 

pension  agents,  etc 256-258 

April  28,  1902.  Legislative,  etc.,  appropriation  act,  salaries  of  bureau  offi- 
cers    258-260 

June  27,  1902.  Pensions  to  survivors  of  Indian  wars 260 

July  1,  1902.  Construction  of  act  of  June  27,  1890,  limitation  of  section 
4716  removed  in  certain  cases,  final  honorable  discharge  governs,  pro- 
vided   261 

ADJUTANT-GENERAL  UNITED  STATES  ARMY: 

Charges  of  desertion  standing  on  records  of,  how  to  be  removed. . .  37,  39, 40-45 
To  issue  certificate  of  honorable  discharge  on  removal  of  record  of  desertion .        40 
ADULTEROUS  COHABITATION: 

Open  and  notorious,  of  widow  terminates  pension.     Act  August  7,  1882..        54 
AFFIDAVITS: 

Executed  in  foreign  countries,  how  authenticated.     Act  July  26, 1892 107 

False.     (See  Crimes  and  offenses.) 

Oaths  to,  before  whonrmay  be  executed.     Section  4714,  and  acts  July  1, 

1890,  July  26,  1892;  joint  resolution  September  1,  1890 106-107 

AGE: 

Sixty-two  years  constitutes  disability  under  the  Mexican  war  survivors'  act.        74 
AGENTS  AND  ATTORNEYS: 

Articles  of  agreement — 

To  be  filed  in  duplicate.     Act  July  4,  1884 125 

Form  of 127 

Evidence  executed  before,  not  considered 174 

Fees.     (See  Fees.) 

Have  right  to  inspect  reports  of  examining  surgeons.     Act  July  18, 1894. .        93 

Have  right  to  inspect  and  copy  special  examiners'  reports.     Act  March  10, 

1902 257 

Laws  and  regulations  relative  to  the  recognition  of 123-133 

Oath  of  allegiance  to  be  taken  by.     Section  3478 123 

Penalty — 

For  violation  of  act  relating  to  fees.     Act  July  4,  1884 128 

For  wrongfully  withholding  pension.     Act  June  27,  1890 1 63 

Prohibition — 

Against  persons  formerly  in  Executive  Departments  acting  as.  Sec- 
tion 190 123 

Against  persons  employed  in  the  United  States  Government  acting  as. 

(See  Crimes  and  offenses. ) 
Against  demanding  or  receiving  fees  other  than  those  prescribed  by 

Commissioner  of  Pensions 126 

Against  attorney  demanding  postage  as  a  right,  or  refusing  to  prose- 
cute claim  for  noncompliarice  with  request  for  postage.  Commis- 
sioner's order  No.  169 129 

Postage  to,  limited.     Commissioner's  order  169 129 

Power  of  attorney  not  recognized  in  paying  foreign  pensions.     Act  March 

14,1898 99 

Regulations — 

For  payment  of  fees 125-128 

For  guidance  of 169-180 

Prescribed  by  Secretary  of  the  Interior  for  governing  the  recogni- 
tion of..  130-133 


268  INDEX. 

AGENTS  AND  ATTORNEYS — Continued.  Page. 

Rules  governing — 

To  be  prescribed  by  the  Secretary  of  the  Interior 125-128 

Practice  in  appeal  cases 159-162 

Practice  before  Commissioner  of  Pensions 162-166 

AID  AND  ATTENDANCE.     (See  Totally  helpless  and  Table  of  rates. ) 
ALIENS.     (See  Foreigners  and  Nonresidents.) 
AMPUTATION.     (See  Specific  disabilities  and  Table  of  rates.) 
ANTEREBELLION  PENSIONS: 

Commencement  of.     Section  5713 36 

APPLICATION: 

For  pensions  from  Navy  pension  fund  made  to  Secretary  of  Navy.     Sec- 
tions 4756  and  4757 10 

For  removal  of  charge  of  desertion  standing  against  soldiers  of  Mexican 
and  civil  wars,  made  to  Secretary  of  War.    Acts  March  2,  1889,  and  July 

27,1892 44-45 

For  removal  of  charge  of  desertion  standing  against  enlisted  men  of  the 
Navy  and  Marine  Corps,  made  to  Secretary  of  Navy.     Acts  August  14, 

1888,  andMay24,  1900 12-14,254 

For  reimbursement,  under  section  4718  and  act  March  2,  1895,  made  to 
Auditor  for  Interior  Department,  Treasury  Department,  Washington, 

D.  C 178 

For  truss,  made  to  examining  surgeon  for  pensions.     Section  1177 156 

See  also  Declarations. 
APPOINTMENT  OF: 

Assistant  chief,  special  examination  division.     Act  May  28,  1896 98 

Chief  of  special  examination  division.     Act  May  28,  1896 98 

Commissioner  of  Pensions.     Section  470 3 

Deputy  Commissioners  of  Pensions.     Section  472  and  act  August  5,  1882  .          3 

Medical  referee.     Section  4776 83 

Pension  agent.     Section  4778 117 

To  fill  vacancy  on  death,  etc.,  of  pension  agent.     Act  March  8, 1878 117 

Special  examiners.     (See  Appropriation  acts.) 
APPROPRIATION  ACTS: 

June  14,  1878 118 

March  3,  1885 86 

June30,  1890 87 

March  3,  1891 89-91 

March  2,  1895 

March  6,  1896 95 

May  28,  1896 97 

March  14,  1898 98-99 

February  4,  1899 100-101 

March  10,  1902 

ARKANSAS  MOUNTED  INFANTRY: 

Relief  granted  to  officers  and  men  of.     Act  February  27,  1899 101-102 

ARM: 

Loss  of,  at  or  above  elbow  (second  class);  increase  rate,  $24.     Act  June 

18,  1874 17 

Loss  of,  at  or  above  elbow;  increase  rate,  $30.    Act  March  3,  1883 19 

Loss  of,  at  shoulder  joint;  increase  rate  same  as  loss  of  leg  at  hip  joint. 

Act  March  3,  1885 20 

Loss  of,  at  or  above  elbow ;  increase,  $30.     Act  August  4,  1886 20 


INDEX.  269 

ARM — Continued.  Page. 

Loss  of,  at  shoulder  joint,  or  so  near  as  to  prevent  the  use  of  artificial 

limb;  increase  rate,  $45.     Act  August  4,  1886 20 

See  Specific  disabilities,  and  Table  of  rates. 
ARMY: 

Nurses.     (See  Nurses. ) 

Officers  of,  on  active  or  retired  list  not  pensionable.     Act  March  3,  1891. .        90 
Persons,  etc.,  in  the  volunteer  branch  on  the  same  footing  as  to  pay,  pen- 
sion, etc. ,  as  those  of  the  regular.     Act  April  22,  1898 101 

Provision  for  the  muster  and  pay  of  certain  officers  and  enlisted  men  of 

the  volunteer  forces  of.     Acts  Juno  3,  1884,  and  February  3,  1887 46-47 

Regular  and  volunteer,  charges  of  desertion  standing  against;  removal  of.  37-45 
ARREARS  OF  PENSION: 

Basis  of  title,  commencement  of,  rate.     Acts  of  January  25, 1879;  March  3, 

1879 32-34 

Claims  of  officers  for  muster  and  pay.     Act  June  3,  1884 47 

Granted  for  causes  originating  since  March  4,  1861.     Act  March  3,  1879..        34 
No  attorney's  fees  allowed  in  claims  for.     Section  4711  and  act  July  4, 

1884 32,127 

Sections  4709, 4710,  and  471 7  repealed.     Acts  January  25  and  March  3, 1879 .        32 

To  whom  paid.     Section  4711,  and  section  2,  act  January  25,  1879 32, 33 

ARTICLES  OF  AGREEMENT: 

Form  of 127 

Regulations  as  to  filing,  payment  on.     Section  4768  and  act  July  4,  1884.     109, 

124, 125 
ARTIFICIAL  LIMBS: 

Laws  relating  to  and  providing  for.     Sections  4787,  4788,  4790,  4791,  and 

acts  August  15,  1876,  February  27,  1877,  and  March  3,  1891 153-156 

Transportation  to  have  fitted,  furnished  by  Quartermaster-General,  United 

States  Army 154 

When  not  issued.     Act  June  18,  1874 17 

ATTACHMENT,  LEVY,  OR  SEIZURE: 

Pensions  not  liable  to.     Section  4747 82 

ATTORNEYS.     (See  Agents  and  attorneys. ) 
AUTHORITY  FOR  PUBLICATION: 

Pamphlet  of  laws.     Section  4748 2 

ASHUELOT: 

Steamer,  relief  of  survivors  of.     Act  January  29,  1887 151 

B. 

BASIC    LAW   FOR   PENSIONS    (GENERAL   LAW): 

Beneficiaries  under.     Sections  4692  and  4693 5 

BIENNIAL  EXAMINATIONS: 

Sections  4771, 4772,  and  4773  repealed  as  to.     Act  June  21,  1879 45 

BLANK  FORMS: 

For  articles  of  agreement 127 

For  declarations — 

Army  nurses 237 

Dependent  relatives — 

Brothers  and  sisters 203 

Father,  general  law 201 

Mother..  199 


270  INDEX. 

BLANK  FORMS — Continued  Page. 
For  declarations — Continued. 
Invalids — 

Act  June  27,  1890,  and  May  9,  1890 221 

Act  June  27,  1890,  increase 223 

General  law 183 

Increase 185 

Indian  war  survivors 217 

Mexican  war  survivors 209 

Mexican  war  survivors,  increase 211 

Navy 187 

Restoration  after  dropping  for  disloyalty 189 

Restoration  after  dropping  for  failure  to  claim  pension 191 

Restoration  after  dropping  under  the  act  of  June  27,  1890 225 

Restoration  on  dropping  after  medical  examination 193 

Minor  children — 

Accrued  pension 241 

Act  June  27,  1890 231 

General  law 197 

One-half  father's  pension 245 

Permanently  helpless,  act  June  27,  1890 237 

Permanently  helpless,  one-half  of  pension  of  father,  who  is  an 

inmate  of  a  Soldiers'  Home 247 

Widows — 

Act  June  27,  1890,  and  May  9,  1900 227,229 

Accrued  pension 239 

General  law 195 

Restoration  on  renewed  widowhood 233 

Survivors  Mexican  war,  pension 213 

Survivors  Indian  wars 219 

War  of  1812 205,207 

Wife,  one-half  of  husband's  pension 243 

For  vouchers.   "Section  4767 116 

BLINDNESS: 

Total,  from  causes  incurred  in  service.     Act  June  17,  1878,  to  include, 

rate  for,  $72.     Act  March  3,  1879 18 

BOND: 

Of  pension  agents.     Section  4779 118 

BOUNTY  PAY: 

For  reenlistment  in  Navy.     Section  1573  and  act  June  11,  1896 15 

BOUNTY  LAND  WARRANT: 

Withholding  of,  by  attorneys,  etc.,  a  misdemeanor;  penalty  for.     Act 

July  4,  1884 128 

BOUNTY  AND  PAY: 

Barred  by  record  of  desertion,  payable  on  removal  of  charge.     Acts  July 

5,  1884,  and  March  2,  1889 40,44 

Minor  soldiers,  when  not  entitled  to.     Act  March  2,  1891 44 

BOUNTY  LANDS: 

Clerk  to  sign  warrant  for.     Section  473 3 

Minor,  when  not  entitled.     Act  March  2, 1891 44 

Regulations  as  to  applications  for 178 

BRIBE: 

Acceptance  of.     (See  Crimes  and  offenses. ) 
BRIBERY.     (See  Crimes  and  offenses. ) 


INDEX. 


271 


BROTHER.     (See.  Dependent  relatives.) 
BUREAU  OF  PENSIONS: 

Salaries  of  officers  of.     Act  April  28,  1902 258 

C. 

NTRALIA,  MO.: 

Benefits  of  pension  laws  extended  to  widows,  etc.,  of  those  murdered  at. 

Act  March  3,  1875 149 

CERTIFICATE  FOR  DISCHARGE.     (See  Discharge. ) 
CERTIFICATE  OF  PENSION: 

Disposition  of  fund  due  on,  where  beneficiary  dies  after  issue  and  before 

payment.     Acts  March  1,  1889,  and  June  30,  1890 88, 112 

On  issue  by  Commissioner,  forwarded  to  pension  agents  for  payment. 

Section  4768 116 

Retention  of,  by  attorney,  etc.,  a  misdemeanor,  penalty  for.     Section  4745 

as  amended  by  act  February  28,  1883 137 

CESSATION  OF  PENSION.     (See  Dropping  of  name  from  pension  roll.) 
CHECKS: 

Drawn  and  mailed  by  pension  agent,  to  constitute  payment.     Acts  March 

1,  1889,  June  30,  1890,  and  March  2,  1895 78,87,112 

Lost,  stolen,  or  destroyed,  provisions  for  duplicate.     Section  3646,  as 

amended  by  act  February  16,  1885 117, 120 

Of  pension  agents  to  be  signed  by  clerk.     Act  June  30,  1890 89 

Of  pensioner  to  be  drawn  to  his  order.     Section  4765 Ill 

CHIEF  CLERKS,  EXECUTIVE  DEPARTMENTS: 

Authorized  to  administer  oaths  in  certain  cases.     Act  August  29,  1890 108 

CITIZENSHIP: 

Proof  of,  in  Indian  war  claims,  how  shown.     Act  February  3,  1893 72 

CIVIL  SERVICE: 

Soldiers  in,  to  be  paid  withheld  pension  due  for  period  from  March  3, 

1865,  to  June  6,  1866.     Act  March  1,  1879 48-49 

CLAIM  AGENTS.     (See  Agents  and  attorneys.) 
CLAIMANT: 

False  personation  of.     (See  Crimes  and  offenses. ) 

Regulations  for  guidance  in  prosecuting  claims  before  Bureau 169-180 

CLAIMS: 

Anterebellion  pensions.     Section  4713 36 

As  to  payment  of  arrears.     Act  March  3,  1879,  repealing  section  4709 34 

False.     (See  Crimes  and  offenses. ) 

For  arrears.     Act  January  25, 1879 32-33 

For  disabilities  incurred  subsequent  to  July  27,  1868.     Section  4694 35 

For  muster  and  pay;  limitation.     Act  June  3,  1884 47 

Of  Indians,  limitations  as  to.     Section  4721 36 

Of  nurses,  war  of  rebellion.     Act  August  5,  1892 64 

Of  State  militiamen  or  nonenlisted  persons.     Section  4693 6 

Of  survivors — 

Indian  wars.     Acts  July  27,  1892,  and  June  27,  1902 71, 260 

Mexican  war.     Act  January  29,  1887 74 

Revolutionary  war.     Section  4742 69 

War  of  1812.     Section  4736 65 

CLERKS: 

Detailed  as  special  examiners;   duties;   powers.      Sections  474,  and  4744 

amended  by  act  of  July  25,  1882 84,147 

Of  pension  agents  to  sign  official  checks.     Act  June  30,  1890 89 


272  INDEX. 

COLORED  PERSONS:  Page. 

Borne  on  the  rolls  of  regiment  as  slaves  entitled  to  pension  and  bounty. 

Section  4723 6 

Children  of,  legitimacy  as  to.     Section  4705 56 

Marriage  of.     Section  4705 56 

COMMENCEMENT  OF  PENSION: 

Act  June  27,  1890,  and  amendments. 

Dependent  relatives 61 

Invalids 62,95,253 

Rejected,  suspended,  or  dismissed 95 

Widows  and  minors 62,  95, 

Anterebellion  claims.     Section  4713 

Army  nurses.     Act  August  5,  1892 

General  law — 

Dependent  relatives.     Section  4707 

Increase  claims.     Section  4698£ 

Invalid  claims.     Section  2,  act  March  3,  1879 

Widows  and  minors.     Section  4702,  acts  August  7,  1882,  and  Juno  7, 

1888 52,53, 

In  claims  for  restoration  on  renewed  widowhood.     Act  March  3,  1901 . 

For  permanent  and  specific  disabilities.     Section  4697 

Of  arrears,  to  invalids,  widows,  etc.,   regulations  and   limitations. 

Act  March  3,  1879 

Those  requiring  frequent  and  periodical  aid  and  attendence.     Act 

July  14,  1892 

Totally  and  permanently  helpless  persons.     Act  March  4,  1890 

To  insane  persons.     Act  March  3,  1879 34 

Minors  where  widow  abandons.     Section  4706 79 

Missouri  State  Militia.     Section  4722  and  act  March  3,  1873 6 

Indian  war  survivors 71 

Mexican  war  survivors 74 

War  of  1812  survivors.     Section  4737 66 

Under  special  acts.     Section  4720 80 

In  Indian  wars  survivors'  claims . 71] 

In  Mexican  war  survivors'  claims 7< 

COMMISSION: 

Date  given  in,  determines  rank.     Section  4696,  act  February  24, 1897. .  23, 50-51 
Issued  to  certain  volunteer  officers  who  were  not  mustered.     Acts  June  3, 

1884,  Februarys,  1887 4( 

COMMISSIONERS: 

United  States  circuit  court  authorized  to  administer  oaths  in  pension  claims. 

Section  1 778 

COMMISSIONER  OF  PENSIONS: 

Absence  or  death  or  resignation  of,  who  may  act.     Section  472,  act  Au- 
gust 5,  1882 3, 

Action  of,  in  case  fraud  in  passage  of  special-act  cases.     Section  4720 

Appointment  and  salary  of.     Section  470  and  act  August  5,  1882 3, 

Authority — 

For  publication  of  blank  forms,  etc.     Section  4748 

To  advise  treasurers  of  Soldiers'  Homes  as  to  necessitous  and  moral 

character  of  wife  of  pensioner  inmate.     Act  March  3,  1899 1! 

To  appoint  civil  surgeons  and  make  regulations  for  payment  of.     Sec- 
tion 4777 46, 

To  appoint  person  to  sign  certificates,  etc.,  for  bounty  lands.     Sec- 
tion 473.. 


INDEX.  273 

COMMISSIONER  OF  PENSIONS — Continued.  Page. 

Authority — Continued . 

To  detail  clerks  to  investigate  suspected  attempts  at  fraud.     Sections 

474  and  4744,  as  amended  by  act  July  25,  1882 84, 147 

To  direct,  on  certification  from  Secretary  of  Navy,  payments  of  pen- 
sion from  the  naval  pension  fund.     Sections  4756  and  4757 10 

To  direct  special  examinations — increase  or  reduce  pensions.     Act 

June  21,  1879 45 

To  inspect  pension  agencies  and  medical  examining  boards.    Act  Au- 
gust 8,  1882 114 

To  investigate  merits  of  claims.     Section  4744,  as  amended  by  act 

July  25,  1882 84 

To  prescribe  rules  and  regulations  for  ascertaining  question  of  deser- 
tion— soldier's  entrance  in  Homes — necessitous  circumstances  and 

moral  character  of  wife.     Act  March  3,  1899 122 

To  provide  rules  and  regulations  for  payment  of  arrears  of  pension. 

Act  January  25,  1879 33 

To  regulate  payment  of  attorneys'  fees.     Sections  4768  and  4769,  as 

amended  by  act  July  4,  1884 125 

To  reject  fee  contracts.     Section  6,  act  July  4,  1884 128 

Rules  of  practice  before 162-166 

COMMUNICATIONS: 
Relative  to — 

Back  pay,  bounty,  etc.,  appertaining  to  military  service,  addressed  to 

the  Auditor  for  the  War  Department,  Treasury  Department 178 

Extra  bounty,  pay,  etc.,  appertaining  to  naval  service,  addressed  to 

the  Auditor  for  the  Navy  Department,  Treasury  Department 178 

Securing  certificate  of  service  in — 

Regular  Army,  to  Adjutant-General  United  States  Army 178 

Volunteer  Army,  to  Chief  of  Record  and  Pension  Office,  War  De- 
partment         178 

Navy,  to  Chief  of  Bureau  of  Navigation 178 

I  Securing  copies  of  discharges  filed  in  claims  made  on  account  of  serv- 

ice prior  to  March  4,  1861  (and  information  relating  to  pensions), 

addressed  to  the  Commissioner  of  Pensions 178 

MMUTATION: 

In  lieu  of  artificial  limbs.     Sections  4788,  4790,  and  4791 154 

NFEDERATE: 

Parents  have  pensionable  status  for  son's  services  in  Spanish  war.     Act 
April  23,  1900 252 

NGRESS : 

Members  of,  not  to  act  as  agents  or  attorneys  in  claims  against  United 

States.     Section5498 143 

Members  of,  accepting  bribe;  penalty  for.     Section  5501 142 

NSTITUTION   OF   UNITED   STATES: 

Indians  not  required  to  take  oath  to  support.     Section  4721 36 

Fourteenth  amendment  to,  limitations  of,  removed.     Act  June  6,  1898..  75,251 
UNTERFEITING.     (See  Crimes  and  offenses. ) 
MES  AND  OFFENSES: 

Accepting  pension  certificate  as  collateral.    Act  February  28,  1883 137 

Aiding  or  assisting  in  making  or  procuring  or  presenting  false  or  fraudu- 
lent affidavits,   declarations,  certificates,  or  vouchers.     Act  July    7, 
I  1898 147,148 

5323—02 18 

I 


274  INDEX. 

CRIMES  AND  OFFENSES — Continued.  Page. 

Bribe,  acceptance  of,  by  United  States  officer.     Section  5501 142 

Bribery  of  officers,  etc. ,  to  influence  action.     Section  5451 143 

Conspiracy  to  defraud  the  United  States.     Section  5440,  as  amended  by 

act  May  17, 1879 142, 147 ; 

Embezzlement — 

Of  pension  fund  by  guardian.     Sections  5483,  5486,  as  amended  by  act 

February  10,  1891 138,147 

Stealing,  etc. ,  public  property,     Act  March  3,  1875 146 

False  affidavit,  the  making  or  presentation  of.     Section  4746,  as  amended 

by  act  of  July  7,  1898 137,148 

False  certificate  to  affidavit,  declaration,  or  voucher.     Act  July  7,  1898. . .       148 
False  claims  against  United  States,  the  making  of  or  causing  to  be. made 

and  presented.     Section  5438 141 

False  personation  of  person  entitled  to  pension.     Section  5435 141 

Forgery  and  counterfeiting  security,  public  record,  affidavits,  and  other 

writings.    Sections  5414,  5418, 5421,  5479 139-140 

For  United  States  Senator  or  Representative  to  receive  compensation  for 

services  in  claims  against  United  States.     Section  1782 134 

For  Congressman,  Executive  Department  officers  or  employees  to  act  as 

agents  or  attorneys.     Section  5498 

Fraud,  and  authority  of  the  Commissioner  to  investigate  suspected  attempts 

of.     Section  4744,  as  amended  by  act  July  25, 1882 1! 

Fraudulent  conversion  of  pension  funds  by  guardian.     Sections  4783  and 

5486,  as  amended  by  act  February  10,  1891 13 

Having  forged  papers  in  possession.     Section  5422 

Illegal  fees,  taking  of,   by  attorneys.     Sections  4785,4786,5485;  acts  of 

July  4,  1884,  June  27,  1890,  August  5,  1892,  March  3,  1891,  March  10, 

1902 63,64,90,142, 

Larceny  of  Government  property.     Act  March  3,  1875 

Pension  certificate,  retention  of.     Act  February  28,  1883 1! 

Perjury  and  subornation  of  perjury.     Sections  5392, 5393,  and  third  sec- 
tion act  of  January  29,  1887,  etc 138,  U 

Personation  of  Government  officer.     Act  April  18, 1884 

Pledge  or  transfer  of  right,  title,  or  interest  in  pension.     Section  4745  and 

act  of  February  23,  1883 

Postdating  vouchers.     Section  4746,  as  amended  by  act  July  7,  1898 141 

Transmission  or  presentation  to  United  States  officer,  forged  or  altered 

papers,  etc.     Section  5479 

Uttering  or  publishing  forged  or  altered  papers 139-1' 

Withholding  discharged  papers  or  land  warrants  from  soldier.     Act  May 

21,1872 

CUBA: 

Papers  executed  in,  how  authenticated 1( 

D. 

DEAFNESS: 

Increase  rate  for,  established.     Act  August  27, 1888 

Rate  for  loss  of  hearing  of  both  ears.     Section  4698 

See  also  Table  of  rates. 
DEATH  : 

Presumption  of,  on  seven  years'  absence;  evidence  to  show.    Act  March  13, 
1896 96 

On  failure  to  claim  pension  for  three  years,  presumed.     Section  4719 79 


INDEX. 


275 


;LARATIONS:  Page 

Blank  forms  for  (also  see  Blank  forms) 183-248 

To  be  executed  before  a  court  of  record  or  any  officer  authorized  to  ad- 
minister oaths  for  general  purposes.     Section  4714,  and  acts  July  1 , 1890, 

September  1,  1890,  July  26,  1892 106,107 

Executed  in  foreign  countries,  before  whom.     Act  July  26,  1892 107 

In  claims  of  Indians,  before  whom  made.     Act  July  26,  1892 107 

Regulations  as  to 159 

Required  in  restoration  claims.     Section  4719 79 

pEPENDENCE,  PENSIONABLE: 

To  be  shown  in  claims  of  parents,  brothers,  and  sisters  under  the  general 

law.     Section  4707 59 

To  be  shown  in  widows'  claims,  under  act  June  27,  1890 61 

DEPENDENT   RELATIVES: 

Commencement  of  pension  to — 

General  law.    Section  4707 59 

Act  June  27,  1890 61 

Declarations  of,  for  pension.     (See  Blank  forms.) 

Dependence,  how  shown.    Section  4707 59 

Ex-Confederate  parents  have  title  to  pension  when  based  on  service  in 

Spanish  war.     Act  April  18,  1900 252 

Of  those  lost  on  steamer  Jeannette,  relief  granted  to.  Act  January  3, 1887 .  151 
Of  those  lost  on  steamer  Ashuelot,  relief  granted  to.  Act  January  29, 1887.  151 
Of  soldiers  murdered,  Centralia,  Mo.,  relief  granted  to.  Act  March  3, 1875.  146 

Pension  to,  only  allowed  during  dependence.     Section  4707 59 

Remarriage  of  dependent  mother  or  sister  terminates  pension.     Section 

4708 56 

Rate  of  pension  to  (see  Table  of  rates) 30 

Regulations  as  to  applications  for  pension 173 

BPUTY  COMMISSIONERS: 

Appointment,  duties,  and  salary  of.     Section  472,  and  act  August  5,  1882.      3, 4 
DESERTION: 

Certain  soldiers  and  sailors  not  deemed  charged  with.     Section  4749 37 

For  removal  of  charges  of,  standing  on  records  of  War  Department  against 

soldiers  of  Mexican  and  civil  wars — conditions.     Acts  August  7,  1882, 

July  5,  1884,  May  17,  1886,  and  March  2,  1889 37-44 

For  removal  of  charge  of,  standing  on  records  against  appointed  and 

enlisted  men  of  the  Navy  or  Marine  Corps  of  the  war  of  the  rebellion. 

Act  August  14,  1888 12-14 

If  charge  removed  from  record  no  pay  allowed  for  time  absent  without 

leave.     Act  March  2,  1889 44 

Limitation  for  riling  claims  for  removal  of  charge  on   records  of  "War 

Department.     Acts  July  5,  1884,  and  July  27,  1892 40, 45 

Limitation  rescinded.     March  2,  1895 k 45 

Limitation  as  to  period  of  service  required  to  have  charge  of,  removed. 

Act  August  14,  1888,  and  August  7,  1882 14,38 

Limitation  for  removal  of  charge  of,  from  Navy  Department  records  removed. 

Act  May  24, 1900 254 

Mexican  war  soldiers  may  have  charge  removed.     Act  March  2,  1889 42 

Of  family  by  pensioner,  one-half  pension  payable  to  wife  or  minor  chil- 
dren.    ActMarch  3,  1899 121 

Right  to  pension  forfeited  by.     Act  April  26,  1898 251 

Terms  and  proof  upon  which  relief  from  charge  of,  may  be  granted.     Act 

July  5,  1884 39 


276 


INDEX. 


Page. 


DESERTION — Continued. 

When  charge  of,  not  removed.     Section  3,  act  August  14,  1888,  and  sec- 
tion 7,  act  March  2,  1889 

DETAILED  CLERKS: 

Acting  as  special  examiners.     (See  Special  examiners.) 
DISABILITY: 

By  reason  of  age  (62)  gives  title  to  Mexican  war  survivors.     Act  January 

29,1887 

Contracted  in  service  and  line  of  duty  gives  title  to  pension.     Section  4693. 
Equivalent  to  loss  of  hand  or  foot.     Sections  4697  and  4698,  and  act  March 

3,  1883 19,  24, 

In  the  aggregate  to  be  rated  in  claims  under  act  June  27,  1890.     Act  May  9, 

1900 

Political,  imposed  by  fourteenth  amendment  to  United  States  Constitu- 
tion, removed.     Act  June  6, 1898 25| 

Total,  permanent,  specific,  or  inferior,  incurred  in  service,  etc.,  pensions 

for.     Section  4692 

DISCHARGE: 

Certificate  of  honorable— 

And  reenlistment  in  the  Navy  gives  title  to  bounty  pay.    Section  1573 

and  act  June  11,  1896 

To  be  issued  to  soldiers  of  the  wars  of  the  rebellion  and  Mexican  upon 
removal  of  the  charge  of  desertion.     Acts  August  7,  1882,  July  5, 

1884,  May  17,  1886,  and  March  2,  1889 37-4| 

To  be  issued  to  appointed  and  enlisted  men  of  the  Navy  or  Marine 
Corps  in  the  war  of  the  rebellion  upon  removal  of  the  charge  of 

desertion.     Act  August  14,  1888 12-1 

May  issue,  in  certain  cases  to  seamen  and  landsmen  of  the  Navy.    Sec 

tion  1426,  act  August  14,  1888 12-1 

From  service  in  the  war  of  the  rebellion,  prerequisite  to  title.     Act 

June  27,  18$0  and  act  May  9,  1900 61, 

From  Indian  wars,  prerequisite  to  title.     Acts  July  27, 1892,  and  June 

27,  1902 71, 

From  the  Mexican  war,  prerequisite  to  title.     Act  January  29, 1887  . .  74-76 
Loss  of,  does  not  vitiate  rights  accruing  from  service — 

In  war  of  1812.     Section  4740 

In  Mexican  war.     Act  January  29, 1887 

In  Indian  wars.     Act  July  27,  1892 

(For  information  relative  to  lost  discharge  certificate  from  service 
in  war  of  rebellion,  see  section  244  and  act  February  7,  1890. ) 
Retention  of,  by  agents,  attorneys,  etc.,  a  misdemeanor.     (See  Crimes 

and  offenses. ) 
To  be  issued  to  members  of  the  Missouri  Home  Guards.     Act  May  15, 

1886 

DISLOYALTY: 

A  bar  to  pension.     Section  4716 

Provisions  of  section  4716,  removed — 

As  to  certain  persons  having  pensionable  status  under  act  June  27, 

1890.     Act  July  1,  1902 261 

As  to  those  who  engaged  in  rebellion  and  subsequently  enlisted  in 
United  States  Army  or  Navy.     Acts  March  3,  1877,  and  August  1, 

1892 49,82 

As  to  those  who  served  in  Indian  wars.     Act  July  27,  1892 71 

As  to  those  who  served  in  Mexican  war.     Act  January  29,  1887 75 


74 


LI 


81 


INDEX.  277 

DISLOYALTY — Continued.  Page. 

Provisions  of  section  4716,  removed — 

As  to  Confederate  parents  whose  sons  served  in  Spanish  war.     Act 

April  18,  1900 252 

DISTRICT  OF  COLUMBIA: 

Marriage  in,  validity  of.     Act  May  13,  1896 57 

(DIVISION    AND    DIVERSION    OF    PENSION: 

Pensions  to  be  paid  only  to  persons  entitled.     Section  4766,  as  amended 

by  act  August  8,  1882,  except 114 

When  payments  not  made  to  persons  entitled,  and  to  whom  paid — 
Inmates  of  naval  hospitals,  paid  to  Secretary  of  Navy.     Act  May  4, 

1898 251 

Inmates  of  Naval  Home,  Philadelphia,  paid  to  Secretary  of  Navy.     Act 

May  4,  1898 251 

In  case  of  insane  pensioner,  payable  to  wife  or  guardian  of  minor. 

Act  August  8,  1882 114 

In  case  of  imprisonment  of  pensioner,  payable  to  wife  or  guardian  of 

minor.     Act  August  8,  1882 114 

In  case  of  desertion,  one  half  of  pension  due  payable  to  pensioner's 

family.     Act  March  3,  1899 121 

In  case  of  inmate  of  a  State  Soldiers'  Home  during  residence,  one- 
half  of  pension  to  be  paid  to  pensioner's  wife  or  child,  etc.,  unless. 

Act  March  3,  1899 121 

In  case  of  inmate  of  National  Home  for  Disabled  Volunteer  Soldiers, 
during  residence,  one-half  to  be  paid  to  treasurer  of  home  for  pen- 
sioner's wife,  minor  child,  etc.  Act  March  3,  1899 121 

In  case  of  inmate  of  National  Soldiers'  Home,  Washington,  D.  C.,  and 
National  Homes  for  Disabled  Volunteer  Soldiers,  to  be  paid  to  treas- 
urer of  Homes  in  trust  for  pensioner.  Acts  February  26,  1881, 

August  7,  1882,  and  March  3,  1883 113-116 

IVISION  OF  RATE  OF  $18  PER  MONTH.     (See  Table  of  rates.) 
(DIVORCE: 

Granted  to  widows  (on  their  own  motion)    who  have  forfeited  pension 

by  remarriage  renews  pensionable  status.     Act  March  3,  1901 255 

In  District  of  Columbia,  validity  of.     Act  May  13,  1896 57 

One  year's  residence  in  a  Territory  prerequisite  to  obtaining.     Act  May    . 
25,  1896 '.        57 

CROPPING    OF   NAME   FROM    PENSION   ROLL,  CAUSES: 

Failure  to  claim  pension  for  three  years.     Section  4719 79 

On  cessation  of  dependence  in  dependent  claims.     Section  4707  and  act 

June  27,  1890 59,62 

On  cessation  of  disability  for  which  invalid  pension  was  granted.     Sec- 
tion 4702 5 

On  showing  of  fraud  in  passage  of  special  act  claims.     Section  4720 80 

On  showing  of  false  and  fraudulent  representation  in  having  name  placed 

on  pension  roll.     Section  4739  and  act  July  27,  1892 66,  72 

On  minor  attaining  its  sixteenth  year,  except.     Section  4702,  as  amended 

by  act  August  7,  1882,  and  act  June  27,  1890 53,61 

On  refusal  of  invalid  pensioner  to  submit  to  medical  examination,  author- 
ity of  the  Commissioner  under  section  4744,  as  amended  by  act  July  25, 

1882 135 

On  widow  abandoning  minor  child  or  children.     Section  4706 79 

On  widow  living  in  notorious  adultery.     Act  August  7,  1882 53 

On  remarriage  of  widow,  dependent  mother,  etc.     Section  4708 56 

Unlawful,  if  action  taken  without  notice.     Act  December  21,  1893 80 


278 


INDEX. 


EMBEZZLEMENT.     (See  Crimes  and  offenses. )  Page. 

ENGINEERS: 

Not  regularly  mustered,  pension  for.     Section  4693 

Of  steam  vessels  when  drafted  in  time  of  war  for  duty  such  as  required  by 

their  license,  have  pensionable  status.     Act  May  28,  1896 152 

Past  assistant,  assistant,  and  cadet  in  naval  service  pensioned  for  total 

disability.     Act  March  3,  1877 12,23 

Rate  of  pension  to.     Section  4695,  act  March  3,  1877 22,  23 ! 

ENLISTMENT: 

In  Navy  or  Marine  Corps  without  discharge  from  prior  service,  effect.     Act 

August  14,  1888 1| 

Reenlistment  in  Navy,  bounty  pay  for.  .Section  1573  and  act  June  11, 1896 .        15 
ENLISTED  MEN: 

In  military  or  naval  service  or  Marine  Corps,  beneficiaries  under  sec- 
tion 4693 

In  volunteer  forces,  war  of  the  rebellion,  muster  and  pay  provided  for. 

Acts  June  3,  1884,  February  3,  1887,  and  February  24,  1897 46^8, 5 

Of  Army,  Navy,  or  Marine  Corps  on  retired  or  active  list,  not  entitled  to 

pension.     Act  March  3,  1891 

Title  of,  under  act  June  27,  1890 

ENROLLING  OFFICER: 

Beneficiary  under  section  4693 

Rate  of  pension  to,  for  total  disability.     Section  4695 2f 

EVIDENCE: 

Copy  of,  filed  in  pension  claims,  how  obtained 

Executed  before  attorney  of  record  or  person  having  manifest  interest, 

not  considered 174 

Executed  in  Cuba  or  Porto  Rico,  how  authenticated 109 ! 

Executed  in  foreign  countries,  before  whom  made.     Act  July  26,  1892  ...       107 
May  be  executed  in  United  States  before  any  court  of  record  or  any  officer 
authorized  to  administer  oaths  for  general  purposes.     Section  4714  and 

acts  July  1,  1890,  September  1,  1890,  and  July  26,  1892 100-107 

Necessary  to  be  used — 

In  claims  of  Indians,  execution.     Section  4721 

In  dependent- relative  claims  under  the  general  law 11 

In  dependent-relative  claims  under  act  June  27,  1890 11 

In  invalid  claims  under  the  general  law 1< 

In  invalid  claims  under  act  June  27,  1890 

In  invalid  claims  for  increase  of  pension 11 

In  invalid  claims  for  renewal  of  pension 

In  Revolutionary  claims.     Section  4743 

In  war  of  1812.     Section  4739 

In  widows'  and  minors'  claims  under  the  general  law 11 

In  widows'  and  minors'  claims  under  act  June  27,  1890 1' 

To  show  citizenship  in  Indian  war  claims.     Acts  July  27,  1892,  and 

Februarys,  1893 ---  71,71 

Of  marriage  in  Territories  of  the  United  States.     Act  February  19,  1887..  54-55 

Of  official  character  of  officers  before  whom  pension  papers  are  executed, 

how  shown.     Acts  July  1, 1890,  September  1,  1890,  and  July  26,  1892.  106-107 

Required  in  appeal  cases 159 

EXAMINATIONS: 

Laws  as  to  biennial,  repealed.     Act  June  21,  1879 4$ 


INDEX. 


279 


;AMINATIONS — Continued.  Page. 

Commissioner  of  Pensions — 

Authorized   to  direct   special,  to  determine  merits  and  suspected 
attempts  at  fraud.     Sections  474  and  4744,  as  amended  by  act  July 

25,1882 135,147 

Authorized  to  appoint  civil  examining  surgeons  to  make.   Section  4777 .  46,  83 
Authorized  to  make  investigations  as  to  the  necessitous  circumstances 
and  moral  character  of  wife  whose  husband  is  an  inmate  of  a  Sol- 
dier's Home.     Act  March  3,  1899 121 

May  order  special  medical,  to  increase  or  reduce  pension.     Act  June 

21,  1879 45 

EXAMINING  SURGEONS.     (See  Surgeons.) 
EXECUTIVE  DEPARTMENTS: 

Chief  clerks  of,  authorized  to  administer  oaths  in  certain  cases.     Act 

August  29, 1890 108 

Oath  of  allegiance  to  be  taken  by  persons  prosecuting  claims  before.    Sec- 
tion 3478 123 

Officers,  clerks,  etc.,  in,  who  are  notaries  public,  not  allowed  to  receive 

notarial  fees  in  certain  cases.     Act  August  20,  1890 108 

Officers  and  employees  in,  prohibited  from  acting  as  agents,  attorneys,  etc. 

Section  5498 143 

EYES: 

Rate  for  loss  of  both.     Section  4697  and  Act  June  17,  1878 17, 24 

Total  blindness  from  service  cause.     Act  March  3,  1879 .- 18 

F. 

FATHER: 

Dependent,  title  of.    Section  4707 59 

Act  June  27,  1890,  title  under -        61 

See  also  Dependent  relatives. 
FALSE  AFFIDAVITS.     (See  Crimes  and  offenses. ) 
FALSE  CLAIMS.     (See  Crimes  and  offenses. ) 
FALSE  PERSONATION.     (See  Crimes  and  offenses.) 
FEE  AGREEMENTS.     (See  Articles  of  agreement. ) 
FEES: 

To  agents  and  attorneys — 

Contracts  for,  made  with,  may  be  rejected  by  Commissioner  of  Pen- 
sions.    Section  6,  act  July  4,  1884 128 

Contracts  filed  in  Indian  wars  survivors'  claims  null  and  void.     Act 

June  27,  1902 260 

Illegal  taking  of,  by,  a  misdemeanor.     (See  Crimes  and  offenses.) 

In  claims  under  the  general  law,  amount  of,  etc.     Act  July  4, 1884.  125-128 

In  claims  under  act  June  27,  1890 62 

In  increase  claims.     Act  March  3,  1891 90, 129 

In  special-act  claims.    Act  March  3, 1891,  and  act  March  10, 1902.  90, 129, 256 
None  allowed — 

For  introducing  and  passing  special-act  claims  before  Congress. 

Act  March  10,  1902 

In  claims  for  arrears.     Section  4711  and  act  January  25,  1879 32-33 

In  increase  claims  under  act  March  19, 1886,  which  provides  for 

increase  of  pension  to  widows,  minors,  etc 

In  claims  of  nurses.     Act  August  5,  1892 

In  Indian  war  survivors'  claims.     Act  June  27,  1902 

Paid  at  direction  of  the  Commissioner  of  Pensions  through  pension 

agent.     Act  July  4,  1884 125-128 

Regulation  as  to  payment  of.     Sections  4768,  4769 116, 124 


280 


INDEX 


FEES — Continued.  Page. 

For  medical  examination  of  claimants  residing  outside  of  the  United 
States.     ActJuly25,  1882 84-86 

None  to  be  paid  examining  surgeons  unless  present  and  participating  in 
examination.     Act  July  25,  1882  (and  subsequent  appropriation  acts). .  84-86 

Of  civil  examining  surgeons.     Section  4777 83 

Of  examining  surgeons,  amount  for  each  examination,  etc.     Act  July  25, 

1882  (and  subsequent  appropriation  acts) 84-86 

FEET: 

Loss  of.  both.     Section  4697 24 

Loss  of  both,  increase  rate  for,  $72.     Act  June  17,  1878 17 

Loss  of  one  foot,  or  total  disability  in  same,  increase  rate  for,  $30,  estab- 
lished.    Act  August4,  1886 20 

Loss  of  one  foot  and  one  hand.     Section  4697 24 

Loss  of  one  foot  and  one  hand,  or  total  disability  in  both,  rate  of  $36  pro- 
vided for.     Act  February  28,  1877 26 

See  also  Table  of  rates. 
FLORIDA  WAR.     (See  Indian  wars.) 
FOREIGNERS: 

No  title  to  pension  under  Indian  wars  survivors  act.     Act  July  27,  1892. .        71 
FOREIGN  PENSIONS: 

Payment  of,  power  of  attorney  not  recognized.     Act  March  14,  1898 98 

FORMS.     (See  Blanks. ) 
FORFEITURES  AND  PENALTIES: 

Under  sections  2461,  2462,  2463,  to  be  sued  for  and  recovered  for  benefit 

of  pension  fund.     Section  4751 _ . ..  8 

FORGERY.     (See  Crimes  and  offenses. ) 
FRAUD.     (See  Crimes  and  offenses. ) 
FUGITIVE  FROM  JUSTICE: 

Statute  of  limitation  does  not  extend  to.     Section  1045 146 

FURLOUGH: 

Sick,  veteran,  status  as  to  line  of  duty.     Section  4700 35 

G. 

GENERAL  SERVICE: 

Persons  in,  not  allowed  pensions,  except.     Section  4724  and.  act  August 

29,  1890 37 

GOVERNMENT  HOSPITAL  FOR  THE  INSANE: 

Provisions  for  its  conduct;  those  admitted  to.     Act  August  7,  1882 119-120 

GRAY'S  BATTALION,  ARKANSAS  VOLUNTEERS: 

Pension  for  service  in  Mexican  war.     Act  February  5,  1897 76 

GUARDIANS: 

Embezzlement  or  fraudulent  conversion  of  funds  by,  penalty  for.    Sections 

4783  and  5486,  as  amended  by  act  February  10,  1891 138 

Of  insane  invalid  pensioner,  disposition  of  pension.     Act  August  8,  1882..       114 
Of  minor  child  or  children  of  soldier,  provisions  for.    Section  4703  and  act 
June  27,  1890 53,61 

H. 

PALF-PAY  PENSIONS: 

Anterebellion.     Sections  4725-4732 7,8,57,65,73 

HANDS: 

Loss  of  both,  rate.     Section  4697 24 

Loss  of  both,  increase  rate  for,  $72.     Act  June  17,  1878 17 

Loss  of  both,  result  of  service  rate  $100.     Act  February  12,  1889 18 


INDEX.  281 

HANDS — Continued.  page 

Loss  of  one  hand,  increase  rate  $24  established.     Act  March  3,  1883 19 

Loss  of  one  hand  or  total  disability  in  same,  increase  rate  $30  established. 

Act  August  4,  1886 20 

Loss  of  one  hand  and  one  foot.     Section  4697 24 

Loss  of  one  hand  and  one  foot,  or  total  disability  in  both,  rate  $36  estab- 
lished. Act  February  28,  1887 6 

See  also  Table  of  rates. 

LEIRS   AND    LEGAL   REPRESENTATIVES: 

Accrued  pension  money,  in  treasury  of  National  Homes  Disabled  Volun- 
teers due  deceased  inmate  of,  to  be  paid  to.  Act  March  3,  1883 116 

Certificate  of  discharge  to  be  issued  to,  on  removal  of  charge  of  desertion. 

Act  July  5,  1884 40 

Entitled  to  arrears,  etc.,  that  may  have  been  due  certain  volunteer  officers 
by  reason  of  failure  of  muster.  Acts  June  3,  1884,  and  February  3, 
1887 46-48 

Entitled  to  pay  and  bounty  on  removal  of  charge  of  desertion.  Act  July 
5,  1884 40 

May  receive  bounty  due  on  removal  of  charge  of  desertion.  Act  August 
7,  1882 38 

May  be  paid  in  case  where  pension  certificate  issues  and  subsequently 
beneficiary  named  dies  without  payment.  Act  June  30,  1890 88 

To  be  paid  accrued  pension  in  certain  cases.  Acts  March  1,  1889,  and 
June  30,  1890 87,112 

To  have  arrears  of  pay  due  deceased  officers  and  crew  of  U.  S.  S.  Maine. 

Act  March  30,  1898 103 

LELPLESS  MINOR: 

Pensionable  status  of.     Act  June  27,  1890 62 

I  HELPLESSNESS.     (See  Totally  helpless. ) 

|  HOMES  FOR  DISABLED  VOLUNTEERS,  STATE  AND  TERRITORIAL: 

Deductions  in  Government  aid  given,  made  for  pensions  retained  from 
inmates  of.  Act  March  3,  1893 49 

One-half  of  pension  of  inmate  during  residence  therein  paid  to  wife  or 
minor  child,  provided.  Act  March  3,  1899 121 

See  also  National  Homes  for  Disabled  Volunteer  Soldiers. 
| HONORABLE  DISCHARGE.     (See  Discharge.) 

I. 

(IMMORAL  CONDUCT: 

On  part  of  a  widow  forfeits  title  to  pension.     Section  4706 79 

INCREASE  OF  PENSION: 

Commencement  of,  for  disabilities  not  permanent  and  specific.     Section 

4698J 16 

Declarations  for.     (See  Blank  forms.) 

For  deafness.     Act  August  27,  1888 21 

For  disability  equivalent  to  loss  of  a  hand  or  a  foot.     Act  March  3, 1883. .        19 

For  loss  of  an  arm  or  leg.     Act  March  3,  1883 19 

For  loss  of  arm  at  or  above  elbow,  or  leg  at  or  above  knee.     Act  March  3, 

1883 19 

For  loss  of  arm  at  or  below  elbow,  or  leg  at  or  above  knee.     Act  June  18, 

1874 17 

For  loss  of  both  hands  or  both  feet,  or  sight  of  both  eyes 17-18 

For  those  totally  and  permanently  helpless,  requiring  the  regular  aid  and 

attendance  of  another  person.     Acts  June  18,  1874,  June  16,  1880,  and 

March  4,  1890 16,18,19 


282  INDEX. 

INCREASE  OF  PENSION — Continued.  Page. 

Granted  to  Mexican  war  survivors.     Act  April  23,  1900 252 

Granted  in  certain  Mexican  war  cases.     Act  January  5,  1893 76 

Instructions  as  to  how  to  apply  for 171 

Of  $2  to  widows  for  each  minor  child  of  soldier.     Section  4703 52-53 

Of  $2  to  minors  where  widow's  right  ceases  by  death  or  remarriage.     Sec- 
tion 4703 52,  53 

To  minors  of  $2  not  forfeited  by  reason  of  maintenance  at  public  or  private 

expense.     Section  4703 52, 53 

To  $6  in  invalid  claims,  minimum  rate.     Act  March  2,  1895 94 

IDENTITY  : 

Of  pensioner  to  be  shown  before  pension  agent  draws  check.     Section 

4765 Ill 

INDIANS: 

Children  of,  legitimacy  as  to.     Section  4705 56 

Claims  of,  limitation  as  to  filing.     Section  4721 36 

Exemption  as  to  oath  to  support  United  States  Constitution.     Section  4721 .        36 

Marriage  of,  provisions  as  to.     Section  4705 56 

Payment  of  pensions  to,  how  made.     Act  August  8,  1882 IU 

INDIAN  AGENTS: 

Evidence  in  Indian  claims  may  be  taken  before.     Section  4721 

INDIAN  WARS: 

Benefits  granted  survivors  of,  limited  to  citizens  of  United  States.     Act 

July  27,  1892 71 

Citizenship,  how  established  in  claims  under  act  July  27,  1892.     Act  Feb- 
ruary 3,  1893 72 ; 

Declaration  for  pension,  form  of.     (See  Blank  forms.) 

Fee  contracts  filed  by  agents  and  attorneys  under  survivor's  act  null  and 

void.     Act  June  27,  1902 260 

Loss  of  discharge  certificate  not  to  bar  survivor's  right  to  pension.     Act 

July  27,  1892 72 

Pension  allowed  survivors  of,  not  in  addition  to  existing  pension,  except. 

Section  4,  act  July  27,  1892 72  j 

Pension  laws  in  force  made  applicable  to  claims  under.     Section  5,  act 

July  27,  1892 72 

Provisions  of  section  4716,  Revised  Statutes,  repealed.     Section  6,  act  July 

27,  1892 

Rules  and  regulations  as  to  applications  for  pension 17( 

Service  in,  shown  by  record  of  pay  in  absence  of  enlistment  and  muster. 

Act  June  27,  1902 

Survivors  of,  or  their  widows  pensioned.     Act  July  27,  1892,  and  June  27, 

1902 71,  2( 

Surviving  citizens  and  heirs  of  Nez  Perces  war  have  pensionable  status. 

Act  March  3,  1881 II 

Thirty  days'  service  and  honorable  discharge  requisite  to  title  under  sur- 
vivors act 71,1'iK) 

Widows  and  minors  of  persons  engaged  in,  have  pensionable  status.     Sec- 
tion 4732 

INSANE  PERSONS: 

Guardians  of,  who  shall  embezzle  or  fraudulently  convert  the  pension 
money  of,  punishable,  etc.     Sections  4783,  5486,  and  act  February  10, 

1891 i: 

Limitation  as  to  filing  of  pension  claims  not  applicable  to.     Act  March  3, 
1879.. 


INDEX.  283 

INSANE  PERSONS — Continued.  page> 
Who  are  inmates  of  National  Homes  for  Disabled  Volunteers,  admitted  to 

Government  Hospital  for  the  Insane.     Act  August  7,  1882 120 

Who  are  children  of  soldiers,  pensionable  status  of.     Section  3,  act  June 

27,  1890 62 

Who  are  pensioners,  disposition  of  pension  money.     Acts  August  7  and  8, 

1882 , 115,120 

INVALID  PENSIONS: 

Act  June  27,  1890;  title;  requirements;  rate 61 

Aggregate  of  disabilities  rated  in  claims  under  act  June  27,  1890,  as 

amended  by  act  May  9,  1900 253 

Allowed  for  injuries  received  in  service,  etc.     Section  4693 5 

Applicants  for,  presumed  to  be  sound  at  enlistment,  but.     Act  March  3, 

1885 86 

Basis  of  title.     Section  4692 5 

Commencement  of — 

Anterebellion  claims.     Section  4713 36 

Claims  under  the  general  law.     Section  2,  act  March  3,  1879 34 

Claims  for  arrears.     Act  March  3,  1879 34 

In  increase  claims.     Section  4698£ 16 

Under  act  June  27,  1890,  and  amendments 62, 95,  253 

(See  also  commencement  of  pension. ) 

Continuance  only  during  existence  of  disability.     Section  4692 5 

Declarations  for.     (See  Blank  forms.) 

Division  made  in  certain  cases,  to  whom  paid.     Act  March  3,  1899 121 

Forfeiture  of,  by  desertion,  not  to  be  remitted,  etc.     Section  4749 37 

General  service  pay  not  allowed  at  same  time  with,  except.     Section  4724.  37 
Granted  for  wounds  received  or  diseases  contracted  only  in  line  of  duty. 

Section  4694 35 

Limitation — 

As  to  period  for  prosecuting  claims  removed.     Act  January  25,  1879  .  33 

In  filing  claims  for  arrears.     Act  March  3,  1879 34 

In  cases  of  disability  incurred  since  July  27,  1868.     Section  4694 35 

Minimum  rate  allowed,  $6.     Act  March  2,  1895 94 

Officers,  noncommissioned  officers,  or  privates  in  Army  or  Marine  Corps 
either  on  the  active  or  retired  list,  not  allowed.     Acts  August  20,  1890, 

March  3,  1891 37,90 

Period  of  service,  how  construed.     Section  4701 36 

Rank  determined  from  date  given  in  commission.     Section  4696  and  Act 

June3,  1884 , 23,46 

Rate- 
According  to  rank  at  time  disability  contracted.     Section  4696 23 

For  disability  equivalent  to  loss  of  hand  or  foot.     Section  4698 25 

For  disability  not  permanent.     Section  4698 25 

For  disability  incapacitating  for  the  performance  of  manual  labor. 

Act  June27,  1890 ." 61 

For  lieutenant-commander  in  Navy.     Act  June  18,  1878 23 

For  passed  assistant  engineers,  assistant  engineers.     Act  March  3, 1877.  23 
For  permanent  and  specific  disability  subsequent  to  July  4,  1864,  and 

prior  to  June  3, 1872.     Section  4697 ....  24 

For  total  disability  under  general  law.     Section  4695 •    22 

In  claims  for  arrears  to  be  granted,  etc.     Acts  January  25,  1879,  and 

March  3,  1879 32-34 

Of  $18  proportionately  divided  for  certain  disabilities.     Section  4699.  26 

To  persons  whose  claims  accrued  prior  to  March  4,  1 861 .     Section  4712.  26 


284  INDEX. 

INVALID  PENSIONS  —  Continued.  Page. 

Rates  (see  also  Table  of  rates  )  .........................................  28-31 

Regulations  as  to  applications  for  ....................................  169-171 

Status  of  absentees  from  company  and  regiment,  line  of  duty.     Section 
4700  ...............................................................        35 

Termination  of  service,  construction.     Section  4701  .....................        36 

Those  entitled  to.     Section  4693  .......................................          5 

J. 

JEANNETTE,  STEAMER: 

Relief  of  survivors  of,  and  their  widows,  etc.     Act  January  3,  1887  ......       151 

JOURNAL  OF  PRIVATEER  VESSELS: 

Transcript  to  be  transmitted  to  Secretary  of  Navy.     Section  4763  ........        12 

JUSTICE  OF  THE  PEACE: 

Has  authority  to  execute  pension  papers,  official  character,  how  shown. 
Act  July  26,  1892  ...................................................       107 


LARCENY: 

Of  Government  property.     (See  Crimes  and  offenses.) 
LAW  BOOKS: 

For  Pension  Office,  provided  for.     Act  May  28,  1896  ....................        98 

LEG: 

Loss  of,  at  or  above  knee  (second  class),  increase  rate,  $24.     Act  June  18, 

1874  ...............................................................         17 

Loss  of,  at  or  above  knee,  $30  increase  rate  established.     Act  March  3, 
1883  ...............................................................        19 

Loss  of,  at  hip  joint,  or  so  near  as  to  prevent  the  use  of  an  artificial  limb, 

increase  rate  established.     Act  August  4,  1886  ........................        20 

Loss  by  amputation  of  either,  at  hip  joint,  rate  $37.50  established.     Act 
March  3,  1879  ......................................................        26 

See  also  Table  of  rates. 

LEGAL  REPRESENTATIVES.     (See  Heirs  and  legal  representatives.  ) 
LEGITIMACY: 

Of  children  born  out  of  wedlock.     Section  4704  .........................        56 

Of  Indian  and  colored  children.     Section  4705  ..........................        56 

LEVY,  ATTACHMENT,  SEIZURE: 

Pensions  not  liable  to.     Section  4747  ..................................        82 

LIEUTENANT-COMMANDERS  IN  NAVY: 

Rate  of  pension  to.     Act  June  3,  1878  ..................................        23 

LIMITATION: 

As  to  beneficiaries  under  Indian  wars  survivor  act  ......................        71 

As  to  cases  of  disability  incurred  subsequent  to  July  27,  1868.     Section 

4694  ...........................................................         34 

As  to  filing  claims  for  arrears  on  behalf  of  insane  persons  and  children 

under  16  years  of  age;  none.     Act  March  3,  1879  .................        34 

As  to  filing  claims  by  volunteers  and  regulars  in  wars  of  rebellion  and 

Mexican;  for  removal  of  record  of  desertion;  extension;  repealed. 

Acts  March  2,  1889,  July  27,  1892,  and  March  2,  1895  .............        45 

As  to  pension;  one  only  to  same  person  or  persons  entitled  jointly  for 

same  period  allowable.     Section  4715  ...............   ............        36 

As  to  period  of  service  in  claims  for  removal  of  charge  of  desertion.     Act 

August  7,  1882  .................................. 

As  to  prosecution  of  Indian  claims;  extension.     Section  4721  ............        36 


INDEX. 


285 

Page. 


LIMITATION — Continued. 

As  to  relief  granted  to  certain  volunteer  officers  of  the  Army  who  were  not 
mustered.     Acts  February  3,  1887,  June  3,  1884,  and  February  24, 

1897 46-48,50 

As  to  special  claims  for  removal  of  charge  of  desertion  of  enlisted  men  of 

Navy  and  Marine  Corps,  removed.     Act  May  24,  1900 

As  to  when  persons  in  military  or  naval  service  may  be  allowed  pay  and 

pension.     Section  4724 37 

As  to  widows  entitled  to  increased  rate  of  $12  pension.  Act  March  19, 1886.  55-56 
As  to  widow's  right  to  pension;  conditions  as  to  marriage.     Act  March  3, 

1899 121-122 

Of  fourteenth  amendment  to  United  States  Constitution  removed.     Act 

June  6,  1898 251 

Of  section  4716  removed — 

In  certain  claims  under  act  June  27,  1890.     Act  July  1,  1902 261 

In  claims  of  survivors  of  Indian  wars.     Act  July  27,  1902 71 

In  claims  of  survivors  of  Mexican  war.     Act  January  29,  1887 75 

In  claims  of  those  engaged  in  rebellion,  and  subsequently  enlisted  in 
United  States  Army  or  Navy.     Acts  March  3,  1877,  and  August  1, 

1892 49,82 

As  to  Confederate  parents  whose  sons  served  in  Spanish  war.     Act 

April  18,  1900 252 

Statute  of,  when  operative.     Section  1044 145 

LINE  OF  DUTY: 

Cause  of  disability  or  death  must  originate  in,  to  give  title  to  pension  under 

the  general  law.     Section  4693 5 

Sick  leave,  sick  furlough,  veteran  furlough,  status  as  to.     Section  4700 ...        81 
LOYALTY.     (/Stee  Disloyalty.) 

M. 

MAGISTRATES.     (See  Oaths.) 
MAINE,  U.  S.  S. : 

Relief  for  survivors  and  relatives  of  those  lost  on.     Act  March  30,  1898.  103-104 
MANUAL  LABOR: 

Incapacity  to  perform,  a  factor  in  securing  pension.     Act  June  27, 1890. . .        61 
MARINE  CORPS: 

Aid  given  to  those  disabled  persons  serving  in,  ten  years.     Section  4757. .        10 
Charges  of  desertion  standing   against  officers  or  persons  serving  in, 

removed.     Act  August  14,  1888 12-14 

Charge  of  desertion  removed  only  in  cases  showing  six  months'  service. 

Sections,  Act  August  14,  1888 14 

Charge  of  desertion,  limitation  as  to  filing  claims  removed.     Act  May  24, 

1900 . 254 

Half  pay  for  those  disabled  and  enlisted  persons  serving  in,  twenty  years. 

Section  4756 10 

Enlistment  in,  without  discharge  from  prior  service,  effect  of.     Section  3, 

Act  August  14,  1888 13 

Officers  on  retired  list  not  pensionable.     Act  August  29,  1890 37 

Persons  in,  have  pensionable  status  under  general  law.     Section  4693 5 

Persons  on  active  or  retired  list  of,  not  pensionable.     Act  March  3, 1891..        90 

Persons  in,  not  to  draw  pay  and  pension,  except.     Section  4724 37 

MARRIAGE: 

Conditions  necessary  to  be  shown  to  give  title  to  pension.     Act  March  3, 

1899 121-122 

In  District  of  Columbia  regulated.     Act  May  13,  1896 57 


286  INDEX. 

MARRIAGE — Continued.  Page. 

In  Territories  of  United  States,  proof  as  to.     Act  February  19, 1887 55 

Of  colored  persons  and  Indians,  evidence  required.     Section  4705 56 

Of  widow,  mother,  or  sister,  terminates  pension.     Section  4708  and  act 

June  27,  1890 56,61 

Proof  must  be  according  to  lex  loci.     Act  August  7,  1882 54 

Subsequent  to  June  27,  1890,  bars  title  of  widow  under  act  June  27,  1890.        63 
Subsequent  to  act  March  3,  1899,  conditions  necessary  to  give  title  to  pen- 
sion        122 

MASTER: 

Steam  vessels  when  drafted  in  time  of  war  for  duties  such  as  required  by 

his  license,  have  pensionable  status.     Act  May  28,  1896 152 

Serving  on  gunboat,  have  pensionable  status  under  the  general  law.     Sec- 
tion 4693 5 

MATE: 

Of  steam  vessels  when  drafted  in  time  of  war  for  duties  such  as  required  by 

his  license,  has  pensionable  status.     Act  May  28,  1896 152 

MEDICAL  EXAMINATIONS: 

Biennial,  repealed.     Act  June  21,  1879. 45 

Rate  of  examining  surgeon  to  be  given  in  report.     Acts  March  2,  1895, 

March  6,  1896 94, 96 

Special,  ordered  by  Commissioner.     Act  June  21,  1879 45,  82-83 

See  also  Surgeons. 
MEDICAL  REFEREE: 

Appointment  and  duties  of.     Section  4776 83 

Salary.     Act  April  28,  1902 258 

MEXICAN  WAR: 

Charge  of  desertion  standing  against  those  who  served  in,  may  be  removed. 

Acts  March  2,  1889,  July  27,  1892,  and  March  2,  1895 41, 45 

Declaration  for  pension  on  account  of  service  in.     (See  Blank  forms.) 

Disloyalty  not  a  bar  to  pension  for  service  in.     Act  January  29,  1887 75 

False  oath  made  in  claims  for  benefits  of  survivors'  act  may  cause  name 

to  be  stricken  from  rolls 74 

Gray's  battalion,  Arkansas  Volunteers,  pension  for  service  in.     Act  Feb- 
ruary 5,  1897 76 

Increase  of  pension  to  survivors  of.     Act  April  23,  1900 252 

Increase  of  pension  in  certain  claims.     Act  January  5,  1893 76 

Loss  of  discharge  certificate,  not  a  bar  to  pension.     Act  January  29,  1887.        74 
Political  disability  operating  under  Act  January  29,  1887,  against  surviv- 
ors of,  removed.     Act  June  6,  1898 76 

Powell's  battalion,  Missouri  Mounted  Volunteers,  pension  for  service  in, 

to  survivors  and  widows.     Act  March  3, 1891 75, 251 

Regulars  or  volunteers  disabled  in,  pension  benefits  extended,  rate.     Sec- 
tion 4730 73 

Rules  and  regulations  as  to  applications  for  pension 177 

Widows  and  minor  children  of  regulars  or  volunteers  disabled  in,  have 

pensionable  right.     Section  4731 . .        73 

Widows  of  survivors,  pension  for.     Act  January  29,  1887 75 

MILITIA: 

Members  of,  under  orders  of  officer  of  United  States,  have  pensionable 

status 5-6 

Missouri,  disabled  in  service  and  line  of  duty.     Section  4722 6 

Missouri,  State  and  provisional,  title  under  act  June  27,  1890.     Act  Feb- 
ruary 15,  1895 63 


INDEX. 


287 


—  Continued. 
When  in  the  service  of  the  United  States,  same  footing  as  to  pay,  allow- 

ances, and  pension  as  in  Regular  Army.     Act  April  22,  1898  ..........       101 

MINOR: 

Soldier,  when  not  entitled  to  bounty  or  pay.     Act  March  2,  1891  ........        44 

MINOR  CHILDREN: 

Commencement  of  pension  to.     (See  Commencement  of  Pension.) 

Declarations  of,  for  pension.     (See  Blank  forms.) 

Deserted  by  father,  who  is  a  pensioner,  gives  title  to  one-half  of  father's 

pension.     Act  March  3,  1899  ......................................  120-121 

Embezzlement  or  fraudulent  conversion  of  funds  by  guardian  a  misde- 

meanor, penalty  for.     Section  4783  and  act  February  10,  1891  .........       138 

Entitled  to  the  $2  additional  pension  when  widow's  right  ceases  by  death 

or  remarriage.     Section  4703  ........................................  52-53 

Entitled  to  benefits  accruing  to  deceased  soldier  on  removal  of  charge  of 

desertion.     Section  8,  act  March  2,  1889  ..............................        44 

Half  pay  to  (ante-rebellion  wars).     Sections  4725,  4726,  4727  ............  57-58 

Increased  rate  to.     Act  March  19,  1886  ................................        55 

Insane  and  permanently  helpless,  pension  benefits  to.     Act  June  27,  1890.  61-62 
Legitimacy  of.     Section  4704  ..........................................        56 

Limitation  in  arrears,  claims  not  operative  against.  Act  March  3,  1879..  34 
Maintained  at  public  or  private  expense  does  not  vitiate  right  to  the  $2 

increase  of  pension.     Section  4703  ...................................  52-53 

Of  colored  and  Indian  soldiers,  legitimacy  of.     Section  4705  .............        56 

Of  regulars  or  volunteers  engaged  in  war  with  Mexico,  their  pensionable 

status.     Section  4732  ...............................................        65 

Of  officers  and  privates,  Missouri  State  militia,  pensions  for.  Section  4722.  6 
Of  officers,  noncommissioned  or  petty,  of  the  Navy.  Act  June  9,  1880...  12 
Of  officers  and  soldiers,  where  death  resulted  from  service,  pensionable 

status.     Sections  4702,  4703  .........................................  52-53 

Of  officers  and  soldiers  where  death  was  not  result  of  military  service, 

their  pensionable  status.     Act  June  27,  1890  ......................... 

Of  officers,  seamen,  and  sailors  disabled  prior  to  March  4,  1861.     Section 

4729  ............................................................... 

Of  Missouri  State  and  provisional  troops,  benefits  of  act  June  27,  1890, 

extended  to.     Act  February  15,  1895  ...................  '.  ............ 

Of  insane  pensioner  may  be  paid  their  father's  pension.     Act  August  8, 

1882  ....................................  J  ........................  114-115 

Of  those  lost  on  steamer  Jeannette,  provisions  for  relief  of.     Act  January 

3,1887  .............................................................       151 

Of  those  lost  on  steamer  Ashuelot,  provisions  for  relief  of.     Act  January 

29,1887  ...........................................................         J51 

Of  soldiers  murdered  at  Centralia,  Mo.,  have  pensionable  status.     Act 

March  3,  1875  ......................................................      149 

Payment  of  pension  to  guardian  of.     Section  4703  ......................  52-53 

Prohibition  against,  Revolutionary  claims.     Section  4742  ................        69 

Regulations  as  to  applications  for  ......................................       172 

Right  and  title  under  the  general  law,  rate  and  determination  of  pension. 

Act  August  7,  1882  .................................................  53-54 

Rights  where  a  widow  is  an  unsuitable  person  by  reason  of  immoral  con- 

duct.   Section  4706  .......................  .  .........................        79 

Rights  where  widow    forfeits  pension  by  remarriage,  then  applies  for 

restoration  on  renewed  widowhood.     Act  March  3,  1901  .  .   ...........      255 

Who  are  entitled  under  the  general  law.    Section  4702  ..................        42 


62 


8 


63 


288  INDEX. 

MISSOURI:  Page. 

Home  Guard,  certificate  of  discharge  to  be  issued  to  certain  members  of. 
Act  May  15,  1886  ...................................................       150 

Militia;  disability  contracted  in  service  and  line  of  duty,  pension  for. 
Section  4722  ........................................................          6 

Mounted  volunteers,   Powell's   battalion,  Mexican  war  survivors,   and 
widows  entitled  to  pension.     Act  March  3,  1891  ......................         75 

State  militia,  widows  or  children  of  those  whose  death  occurred  by  reason 
of  service  performed  in,  entitled  to  pension.     Section  4722  ............          6 

State  and  provisional  troops,  benefits  of  act  June  27,  1890,  extended  to. 
Act  February  15,  1895  ..............................................        63 

MISSOURI  HOME  GUARDS.     (See  Missouri.  ) 
MISSOURI  MILITIA.     (#ee  Missouri.) 
MISSOURI  STATE  MILITIA.     (See  Missouri.) 
MONTANA: 

Citizens  of,  war  with  Nez  Perce  Indians,  relief  granted  to.     Act  March  3, 

1881  ...............................................................       150 

MOTHER: 

Dependent,  remarriage  of,  terminates  pension.     Section  4708  ............        56 

Title  of.     Section  4707  ................................................        59 

Cinder  act  June  27,  1890  ................  ..........................        61 

See  also  Dependent  relatives. 
MUSTER: 

Irregular,  does  not  deprive  of  pensionable  rights  under  the  general  law. 
Section  4693  ........................................................          5 

Officers  and  enlisted  men  in  volunteer  forces,  provisions  for.     Acts  June 
3,  1884,  February  3,  1887,  and  February  24,  1897  ...............  46-47,  50-51 


NATIONAL  HOMES  FOR  DISABLED  VOLUNTEERS: 

Accrued  pension  due  inmates  of,  to  be  paid  pensioner  on  discharge  or  to 
heirs  on  death.     Act  February  26,  1881  ..............................       113 

Inmates  of,  may  be  admitted  to  Government  Hospital  for  the  Insane. 
Act  August  7,  .1882  .................................................       114 

Pension  due  inmates  of,  to  be  paid  to  treasurers,  etc.     Acts  February  26, 

1881  ,  and  August  7,  1882  ..........................................  113-114 

One-half  of  pension  due  inmates  to  be  paid  wife  or  minor  child,  etc., 
during  residence  therein.     Act  March  3,  1899  ........................       121 

The  Commissioner  of  Pensions  to  advise  treasurers  of,  as  to  necessitous 
circumstances,  moral  character,  etc.,  of  wife  of  pensioner  inmate.    Act 
,     March  3,  1899  ......................................................       I  '-'2 

NATIONAL  SOLDIERS'  HOME,  WASHINGTON,  D.  C.  : 

Accrued  pension  in  hands  of  treasurer  of,  to  be  paid  pensioner  on  discharge 
from  Home,  or  to  his  heirs  on  death,  provided.     Act  March  3,  1883  ____       116 

Payment  of  pension  to  inmates  of,  to  be  made  to  treasurer  of,  in  trust  for 
pensioner,  who  can  allot  portion  of  pension  to  be  paid  to  wife,  child, 
etc.     Act  March  3,  1883  .......................................  .  .....      115 

NAVAL  ASYLUM,  PHILADELPHIA: 

In  lieu  of  home  in,  those  entitled  may  have  pension  from  naval  pension 
fund.    Section  4756  ......................................  ..........        10 

NAVAL  HOME,  PHILADELPHIA: 

Pension  of  inmates  of,  to  be  paid  to  Secretary  of  Navy.     Act  May  4,  1898.       251 


INDEX. 


289 


(NAVY:  Page. 

Certificate  of  discharge  to  be  issued  on  removal  of  charge  of  desertion 
standing  against  those  who  served  in,  in  war  of  rebellion.     Section  4, 

act  Atigust  14,  1888 14 

Charge  of  desertion  standing  against  officers  or  persons  serving  in,  to  be 

removed.     Acts  August  14,  1888,  and  May  24,  1900 12-14,  254 

Enlistment  in,  without  discharge  from,  prior  service,  effect  of.     Act  August 

14,  1888 13 

Honorable  discharge  from,  and  reenlistment,  bounty  pay  for.     Section 

1573  and  act  June  11,  1896 15 

Honorable  discharge  from,  to  whom  granted.     Section  1426 14 

Maine,  U.  S.  S.,  relief  for  survivors  and  relatives  of  those  lost  on.     Act 

March  30,  1898 103-104 

Officers  of,  on  retired  list  not  pensionable.     Acts  August  29,  1890,  and 

March  3,  1891 37, 90 

Officers  or  persons  serving  in,  or  their  widows  and  minor  children,  pen- 
sion to  be  restored  to  in  certain  cases.     Act  June  9,  1880 12 

Pension  to — 

Certain  officers  in,  equalizing.     Act  March  3,  1877 12 

Lieutenant-commanders  in,  same  as  provided  for  lieutenants  com- 
manding.    Section  4695,  as  amended  by  act  June  18,  1878 23 

Officers,  seamen,  and  sailors,  and  others  serving  in,  disabled  prior  to 

March  4,  1861.     Section  4728 7 

Widows  and  minors  of  officers,  seamen,  and  other  persons  serving 

in,  disabled  prior  to  March  4,  1861.     Section  4729 8 

Period  of  six  months'  service  in,  necessary  to  give  title  under  act  August 

14,  1888,  removing  charge  of  desertion 12-14 

Persons  in,  not  to  draw  pay  and  pension,  except.     Section  4724 37 

Persons  on  active  or  retired  list  of,  not  pensionable.     Act  March  3, 1891. .        90 

Reenlistments  in,  bounty  pay  for.     Section  1573 15 

Revenue  cutters  to  cooperate  with.     Section  2757 7 

Secretary  of,  to  be  trustee  of  Navy-pension  fund.     Section  4750 8 

Secretary  of,  to  be  trustee  privateer  pension  fund.     Section  4758 10 

Ten  years'  service  in,  entitles  disabled  persons  to  receive  aid.    Section  4757        10 
Twenty  years'  service  in,  entitles  disabled  persons  to  half  pay  of  rating  in 

lieu  of  home  in  Naval  Asylum.     Section  4756 10 

IAVY  PENSIONS: 

Payment  of,  from  Navy-pension  fund.     Section  4755,  act  March  2,  1895..  10,93 

Rules  and  regulations  relative  to  Navy  service  pensions 177 

IAVY-PENSION  FUND: 

Applications  for  benefits  from,  made  to  Secretary  of  Navy.     Paragraph  5.       177 

Commencement  of  pension,  from  date  of  filing.     Paragraph  5 177 

Investment  of.     Section  4753 9 

Navy  pensions  to  be  paid  from.     Section  4755 10 

No  payment  to  be  made  from,  except  upon  appropriation  authorized  by 

Congress.     Section  4755 10 

Penalties,  how  to  be  sued  for.     Section  4751 8 

Prize  money  to  be  part  of.     Section  4752 9 

Provisions  for  granting  pensions  out  of.     Section  4756 10 

TEZ  PERCES  INDIAN  WAR: 

Citizens  of  Montana  serving  in,  and  their  heirs,  have  pensionable  status. 

Act  March  3,  1881 150 

5323—02 19 


290  INDEX. 

NONRESIDENTS:  Page,  i 

No  payments  to,  limitation.     Act  March  1 ,  1893 92 , 

Limitation  against  paying  pension  to,  removed.     Act  March  2,  1895 93 

NOTARY  PUBLIC: 

Official  character  of,  when  executing  pension  papers,  how  shown.     Act 

July  26,  1892 107 

See  also  Oaths. 

NOTICE: 

Pension  not  to  be  reduced  or  withdrawn  without.     Act  June  21,  1879 45-46 

Pension  not  to  be  withheld  or  suspended  until  after.     Act  December  21, 

1893 80 

NURSES: 

Declarations  of.     (See  Blank  forms.) 

Pension,  title  to  and  rate  of.     Act  August  5,  1892 64 

O. 

OATHS: 

Administered  by — 

Chief  clerks  of  Executive  Departments  in  certain  cases.     Act  August 

29,  1890 108 

Clerks  detailed  by  Commissioner  to  make  special  investigations.    Sec- 
tions 474  and  4744,  as  amended  by  act  July  25,  1882 84, 147 

Officers  of  the  United  States,  free  of  charge  to  pension  vouchers.     Act 

June  7, 1888 54 

Officers  and  others  in  Cuba  and  Porto  Rico,  authentication  of  acts, 

how  shown 109( 

Special  examiners  in  the  exercise  of  their  official  duties.     Section  3, 

act  March  3,  1891 91 

United  States  circuit  court  commissioners  have  same  force  and  effect 

as  if  taken  before  justice  of  the  peace.     Section  1778 105 

Commitment  of  perjury  or  subornation  of  perjury  in  connection  with  pen- 
sion papers,  penalty  for.    Sections  5392  and  5393 137, 1 38 

In  execution  of— 

Declaration,  before  whom  taken.     Section  4714  and  acts  September 

1,  1890,  and  July  26,  1892 . 105-108J 

Pension  vouchers,  fourth-class  postmasters  have  authority  to  act.    Act 

August  23,  1894 108; 

Any  and  all  pension  papers,  before  whom  made.     Act  July  26,  1892. .       107] 
Of  allegiance — 

To  be  taken  by  agents  and  attorneys,  etc.,  by  whom  administered. 

Section  3479 

To  be  taken  by  attorneys,  form  of.     Section  3478 

Officers  and  clerks  in  Executive  Departments  who  are  notaries  not 
allowed  to  charge  fee  for    administering    in  certain  cases.     Act 

August29,  1890 108; 

To  support  the  Constitution  of  the  United  States,  Indians  not  required 

totake.     Section4721 36 

OFFICERS: 

Before  whom  pension  papers  may  be  executed.     Act  July  26,  1892 107; 

Arrears  due,  payable  to  heirs  or  legal  representatives.     Act  June  3,  1884.        47 
In  volunteer  service,  war  of  the  rebellion,  receiving  a  commission,  to  be 
considered  of  the  grade  named  therein  from  date  of  commission,  pro- 
vided.    Acts  June  3,  1884,  and  February  3,  1887 46-48, 50, 52 


INDEX.  291 

OFFICERS — Continued.  .  Page. 

In  volunteer  service,  war  of  the  rebellion,  if  prisoners  of  war  or  in  hospi- 
tal, to  have  benefits  entitled  by  commission,  though  not  mustered, 

exception.     Acts  June  3,  1884,  and  February  3,  1887 46-48, 50-51 

Of  Army,  Navy,  or  Marine  Corps,  regulars,  volunteers,  or  militia  have 

pensionable  status  under  the  general  law,  provided.     Section  4693 5 

Of  Navy,  disabled  prior  to  March  4, 1861,  pensions  to.     Section  4728 7 

Of  revenue  cutters,  disabled  while  cooperating  with  the  Navy,  pensions 

to.     Section  4741 8 

Of  United  States  Government — 

Personation  of.      (See  Crimes  and  offenses. ) 

Bribery  of,  to  influence  action.     (See  Crimes  and  offenses. ) 

Not  to  act  as  agents  or  attorneys,  etc.     Section  5498 143 

Of  vessels  having  letters  of  marque  and  reprisal,  to  keep  journal  record  of 

disability  incurred  by  crew.     Section  4762 11 

On  retired  or  active  list  of  Army,  Navy,  or  Marine  Corps  not  pensionable. 

Acts  August  20,  1890,  and  March  3,  1891 37, 90, 108 

Or  officials  of  the  United  States  Government  prohibited  from  receiving 
compensation,  etc.,  for  services  in  matters  against  the  United  States. 

Section  1782 134 

(OFFICIAL  CHARACTER:  % 

Of  executing  officer,  how  shown.     Act  July  26,  1892 107 

In  Cuba  and  Porto  Rico,  how  shown 109 

I  ORIGINAL  PAPERS: 

Copies  of,  when  furnished,  instructions  as  to  securing 175 

I  ORPHANS: 

Of  persons  killed  in  service  on  vessels  bearing  commission,  letters  of  marque 

or  reprisal,  support  and  maintenance  of.     Section  4759 10, 11 

I  OVERPAYMENT: 

To  widow,  when  deducted  out  of  minor's  pension.     Section  4702,  as 

amended  by  act  August  7,  1882 53 

Pensions  when  not  to  be  withheld  to  meet.     Section  4734 82 

P. 

PAY  AND  BOUNTY: 

Allowed  on  removal  of  charge  of  desertion  standing  on  records  of  the 
Adjutant-General  against  certain  soldiers  of  the  war  of  the  rebellion  and 
Mexican  war.  Acts  May  17,  1886,  March  2,  1889,  March  2,  1891,  July 
27,  1892,  and  March  2,  1895 40-45 

Allowed  on  removal  of  charges  of  desertion  standing  on  the  records  of 
certain  appointed  and  enlisted  men  of  the  Navy  and  Marine  Corps  in 
the  war  of  the  rebellion.  Act  August  14,  1888 12-14 

Allowed  to  officers  and  enlisted  men  of  the  Volunteer  Army  of  the  war  of 
the  rebellion,  or  their  heirs,  where  such  officers  and  enlisted  men  were 
mustered  as  provided  by  acts  June  3,  1884,  February  3,  1887,  and  Feb- 
ruary 24,  1897 46-51 

Minor  soldier,  when  not  entitled  to.     Act  March  2,  1891 44 

•PAYMENT: 

Affidavits  relative  to,  certification  of,  by  pension  agents,  required  under 
t  •  section  4784,  abolished  by  act  March  23,  1896. 119 

Checks  drawn  and  mailed  by  pension  agents  to  constitute,  in  certain  cases. 
Act  June  30,  1890 87 

Of  duplicate  checks  lost  or  stolen.     Act  February  16,  1885 120 


292  INDEX. 

PAYMENT — Continued.  .  page. 

Of  foreign  pensions,  power  of  attorney  not  recognized  in.     Act  March  14, 

1898 98-99 

Of  pension  by  pension  agent.     Act  March  3,  1891 91,111 

Of  pension  to — 

Nonresidents,  prohibition  of  act  March  1,  1893,  removed  by  act  March 

2,  1895 92, 93 

Persons  entitled  only.     Section  4766,  as  amended  by  act  August  8, 

1882 112-114 

Persons  in  foreign  countries  and  those  under  legal  disabilities.     Sec- 
tion 4766,  as  amended  by  act  March  3,  1899 112, 121 

Inmates  of  National  Soldiers'  Homes.     Acts  March  3,  1883,  and  March 

3,1899 115,121 

Inmates  of  National  Homes  for  Disabled  Volunteer  Soldiers.     Acts 

August  7,  1882,  and  March  3,  1899 113, 121 

Inmates  of  State  and  Territorial  Homes.     Acts  March  3,  1893,  and 

March  3,  1899 49, 121 

Inmates  of  Government  Hospital  for  the  Insane.     Act  August  7,  1882.       119 

Insane  pensioners.     Act  August  8,  1882 114-115 

Funds  to  be  used  in;  items  to  be  separately  kept.     Act  March  2,  1895 93 

See  also  appropriation  acts.    0 
PENALTIES  AND  FORFEITURES: 

In  pension  fund  cases,  how  sued  for.     Section  4751 8 

PENALTY  FOR: 

Accepting  bribes  or  attempting  to  bribe  a  United  States  officer,  etc. 

Sections  5101,  5451 142-143 

Aiding  in  forging  or  counterfeiting  United   States  securities,  affidavits, 

etc. 139-140 

Having  forged  papers  in  possession.     Section  5422 140 

Conspiring  against  the  United  States.     Section  5440 142 

Demanding  fee  in  prosecution  of  nurses'  claims.     Act  August  5, 1892 64 

Demanding  or  receiving  or  contracting  for,  directly  or  indirectly,  excess 

fee  in  increase  or  special-act  claims.     Act  March  3,  1891 129 

Demanding  or  receiving  excess  fees  or  compensation  by  agents  or  attor- 
neys, etc.     Section  4,  Act  July  4,  1884 128 

Embezzlement  or  stealing  public  property,  etc.     Act  March  3,  1875 146 

Embezzlement  of  pension  fund  by  guardian.     Sections  4783  and  5486,  as 

amended  by  act  February  10,  1891 I  :>8 

Falsely  personating  an  officer  or  employee  of  the  United  States  Govern- 
ment.    Act  April  18,  1884 144 

False  oath  in  claims  under  Mexican  war  survivors  act 75 

False  oath  in  claims  under  Indian  war  survivors  act 72 

False  personation  of  persons  entitled  to  pension.     Section  5435 141J 

Forging  or  counterfeiting  United  States  securities,  affidavits,  etc.     Sec- 
tions 5421,  5479,  5414,  5418 139,  140 

Making  or  causing  to  be  made  and  presented  false  claims  against  the  United 

States.     Section  5438 141 

Making  false  certificate  to  pension  vouchers.     Act  July  7,  1898 147-1481 

Making  or  presenting  false  and  fraudulent  affidavits  or  other  papers  relat- 
ing to  pension.     Section  4746,  as  amended  by  act  July  7,  1898 147-148: 

•     Pledging  or  transferring  pension.     Section  4745,  as  amended  by  act  Feb- 
ruary 28,  1883 137 

Postdating  pension  vouchers.     Section  4746,  as  amended  by  act  July  7, 

1898..  147 


INDEX.  293 

PENALTY  FOR — Continued.  Page. 

Receiving  compensation,  directly  or  indirectly,  by  officers  or  officials  of 

the  United  States  for  services  rendered.     Section  1 782 134 

Receiving  stolen  public  property.     Act  March  3,  1875 146 

Retaining  or  refusing  to  deliver  up  soldier's  discharge  paper,  etc.     Act 

May  21,  1872 144 

Retention  of  pension  certificate.     Section  4745,  as  amended  by  act  Febru- 
ary 28,  1883 137 

Taking  illegal  fees  in  increase  claims.     Act  March  3,  1891 90 

Uttering  or  publishing  forged  or  altered  papers,  etc.     Sections  5418  and 

5421 139 

Violating  act  relating  to  fees  or  compensation  of  agents  or  attorneys.     Sec- 
tion 4,  act  July  4,  1884 1  28 

Violating  the  provisions  of  section  5498,  prohibiting  any  person  employed 

under  the  United  States  Government  acting  as  agent,  attorney,  etc 143 

Wrongfully  withholding  pension.     Section  4,  act  June  27,  1890 62 

Withholding  pension  money  or  bounty-land  warrants  by  attorneys,  etc. 

Section  4,  act  July  4,  1884 128 

PENSIONS: 

Accrued — 

Due  on  death  of  pensioner,  disposition  of  fund.     Section  4718;  acts 

March  1,  1889,  and  March  2,  1895 77-78 

Of  those  who  die  while  inmates  of  National  Homes.     Acts  February 

26,  1881,  and  March  3,  1883 113,116 

Of  those  who  die  while  inmates  of  the  Government  Hospital  for  the 

Insane,  disposition  of.     Act  August  7,  1882 120 

Allowed  to  certain  soldiers  and  sailors,  those  disloyal  to  the  United  States. 

Act  August  1,  1892 : 49 

Appropriation  for  invalids,  widows,  etc.,  amounts  to  be  accounted  for 

separately.     (See  Appropriation  acts.) 
Arrears  of.     (See  Arrears.) 

Basic  law,  who  entitled  to.     Sections  4692,  4693 5 

Certificate  of— 

Forwarded  to  pension  agent.     Section  4768 124 

Retention  by  agents,  attorneys,  etc.,  penalty  for.     Act  February  28, 

1883 137 

Its  issuance  and  subsequent  death  of  pensioner  named  before  pay- 
ment, disposition  of  fund.     Act  June  30,  1890 87-88 

Commissioner  of.     (See  Commissioner  of  Pensions.) 

Considered  a  vested  right  in  grantee,  payment  not  to  be  withheld  or  sus- 
pended except.     Act  December  21,  1893 80 

Continuance  and  increase  of,  under  the  general  law.     Section  4733 82 

Declarations  for.     (See  Blank  forms.) 

Division  made  in  certain  cases,  to  whom  paid.     Act  March  3, 1899  (see  also 

Diversion  and  division  of  pensions) 121 

Dropping  of  name  from  pension  rolls,  laws  relating  to 78-80 

Equalization  of  those  granted  by  special  acts.     Act  June  6,  1874 149 

Execution  of  papers  in  claims  for 105-109 

For  disabled  enlisted  persons  serving  twenty  years  in  Navy  or  Marine 

Corps.     Section  4756 10 

For  disabled  persons  serving  not  less  than  ten  years  in  Navy  or  Marine 

Corps.     Section4757 ^ 10 

For  disabilities  equivalent  to  loss  of  hand  or  foot.     Act  March  3, 1883 19 

For  disability  contracted  in  the  service  and  line  of  duty.     Section  4692  . .          5 


294  INDEX. 

PENSIONS — Continued.  Page. 

For  service  in — 

Marine  Corps.     (See  Marine  Corps.) 

Missouri  State  Militia.     (See  Missouri.) 

Wars  of  the  Revolution,  1812,  and  various  Indian  wars,  laws  granting.  65-72 

War  of  the  rebellion.     Act  June  27,  1890 61-62 

Granted  to  ex-Confederate  parents  for  sons'  service  in  Spanish  war.     Act 

April  18,  1900 252 

Granted  to  widows,  children,  etc.,  of  soldiers  murdered  at  Centralia,  Mo. 

Act  March  3,  1875 149 

Granted  by  special  acts,  no  attorneys,  fees  for  introducing  and  passage 

allowable.     Act  March  10,  1902 256 

Half-pay   rates  to  widows  and  minors  (anterebellion  wars).     Sections 

4725,4726,4727 57,58 

Increase  of.     (See  Increase  of  pensions.) 
Minors  of  soldiers.     (See  Minor  children.) 
Laws- 
Granting  to  dependent  relatives.     Section  4707,  act  June  27,  1890 59-61 

Granting  to  widows  and  minor  children 52-63 

Granting  for  service  in  Navy  and  Revenue  Marine 7-15 

Granting  arrears  of 32-33 

Miscellaneous,  relating  to  invalid  claims 35-51 

Relating  to  rate  and  commencement  of  invalid 22-27 

Relating  to  increase  of  invalid 16-21 

Relating  to  pension  agents  and  payment  of  pensions 110-122 4 

Relating  to  agents  and  attorneys 123-133 

Relating  to  violation  of  pension  statutes 134 

Loyalty,  a  prerequisite  to  title.     Section  4716 81 

(For  repeal  of  section,  see  Disloyalty.) 
Navy,  to  be  paid  out  of  naval  pension  fund.     Section  4755,  act  March  14, 

1898  (see  also  Navy  pension  fund) 99 

Not  allowed  during  period  of  nondependence.     Section  4707  and  act  June 

27,1890 59,61 

Not  allowed  during  period  of  cessation  of  disability.     Section  4692  and  act 

June  27,  1890 5,61 

Not  liable  to  be  applied  toward  liquidation  of  debt  due  the  Government. 

Section  4734 82 

Not  liable  to  attachment,  levy,  or  seizure.     Section  4747 82 

Not  payable  to  persons  on  active  or  retired  list  of  Army,  Navy,  or  Marine 

Corps.    Act  March  3,  1891 90 

Not  payable  on  power  of  attorney.     Act  March  14, 1898 99 

Not  to  be  pledged,  mortgaged,  sold,  assigned,  or  transferred.     Section  4745, 

as  amended  by  section  2,  act  February  28,  1883 137 

Not  to  be  withheld  to  offset  arrears  to  United  States.     Section  4734 82 

Of  certain  officers  in  the  Navy  equalized.     Act  March  3, 1877 12 

Of  inmates  of  National,  State,  and  Territorial  Homes,  disposition  of.     Act 

March  3,  1899 121 

Of  inmates  of  Naval  Home,  Philadelphia,  and  naval  hospitals,  disposition 

of.     Act  May  4,  1898 251 

Of  insane  pensioners,  disposition  of.     Act  August  8,  1882 115 

Of  privateersmen,  payable  from  privateer  pension  fund.     Section  4761  (see 

also  Privateer  pension  fund) 11 

Of  permanently  helpless  or  insane  children.     Act  June  27,  1890 62 


INDEX.  295 

PENSIONS— Continued.  Page. 

Of  pensioners  who  desert  their  families,  disposition  of.     Act  March  3, 

1899 121-122 

Of  officers  and  seamen  disabled  prior  to  March  4,  1861,  entitled  to 7 

Of  officers  and  seamen  of  revenue  cutters,  entitled  to.     Section  4741 8 

Only  one  to  be  paid  for  same  period.     Section  4715 36 

See  also  section  5,  act  July  25, 1882 86 

Overpayment  of,  to  widows  when  deducted  out  of  minors'  pension.     Sec- 
tion 4702,  as  amended  by  act  August  7, 1882 53 

Payment  of — 

What  constitutes.     Act  March  2,  1895 ...  77-78 

To  be  made  quarterly  by  check.     Section  4764 110 

Where  pensioner  dies  subsequent  to  issuance  of  check.     Act  March  1, 

1889 112 

To  inmates  of  State,  Territorial,  and  National  Soldiers'  Homes.     Act 

March  3,  1899 121-122 

Inmates  of  Government  Hospital  for  the  Insane.     Act  March  3, 1883.       115 
To  Indians,  regulations  as  to.     Section  4766,  as  amended  by  act  of 

August  8,  1882 114-115 

Pledge  or  transfer  of,  void ;  penalty  for.     Section  4745 136 

Rates  of — 

Anterebellion  pensions.     Section  4612 26 

Dependent  relatives,  general  law.     Section  4707  and  act  March  19, 

1886 55 

Dependent  relatives.     Act  June  27,  1890 61 

Governed  by  rank,  claims  under  the  general  law.     Section  4696 23 

Invalids,  general  law.     Section  4695 22 

Invalids.     Act  June  27,  1890 61-62 

Minimum  to  invalids.     Act  March  2,  1895  (see  also  Table  of  rates) 94 

Nonspecific  disabilities,  $18,  division  of.     Section  4699 26 

To  army  nurses.     Act  August  5,  1892 64 

To  Mexican  war  invalids.     Section  4730 73 

To  Mexican  war  widows.     Section  4731 73 

To  Navy  widows,  for  service  prior  to  March  4, 1861.     Section  4729. . .          8 

To  soldiers  who  enlisted  as  slaves.     Section  4723 6 

To  soldiers  and  sailors  war  of  1812.     Section  4737 66 

To  survivors,  or  their  widows,  of  Indian  wars.     Acts  July  27,  1892, 

and  June  27, 1902 71,260 

To  survivors,  or  their  widows,  of  the  Mexican  war.     Act  January  29, 

1887 74 

To  widows  and  minors,  general  law.     Section  4702  and  act  March  19, 

1886 55 

To  widows  and  minors.     Acts  June  27,  1890,  and  May  9,  1900 161,  253 

Rating  to  be  given  by  examining  surgeons  in  their  reports.    Act  March  2, 

1895 94 

Reduction  of,  not  to  be  made  except  upon  notice  to  pensioner.     Section 

3,  act  June  21,  1879 45 

Regulations  for  guidance  of  claimants  making  application  for 169-180 

Regulations  as  to  payment  of  attorneys'  fees.     Act  July  4,  1884 125-128 

Renewal  of,  how  to  apply  for 171 

Restoration  of,  under  section  4719,  how  to  apply  for 79 

Restoration  of,  on  renewed  widowhood.     Act  March  3,  1901 255 


296  INDEX. 

PENSIONS — Continued.  Page. 
Retained  from  inmates  of  State  or  Territorial  homes  to  be  taken  from  Gov- 
ernment aid  given  to.     Act  March  3, 1893 49 

Right  to,  on  removal  of  charge  of  desertion.     Act  March  2,  1889 44 

Right  to,  forfeited  by  desertion  from  the  Army.     Act  April  26,  1898 251 

Spanish  war  tax  stamps  not  required  on  papers  filed  in  claims  for.     Act 

June  13,  1898 252 

Terms  on  which  granted  under  the  general  law.     Section  4692 5 

To  slaves  who  were  enlisted  in  the  Army.     Section  4723 6 

Terminated  by — 

Cessation  of  pensionable  disability.     Section  4692  and  act  June  27, 

1890 5, 61 

Cessation  of  pensionable  dependence.     Section  4707  and  act  June  27, 

1890 59,61 

Failure  to  claim  for  three  years  presumptive  evidence  of  legal  ending. 

Section  4719 79 

Minors  attaining  16  years  of  age,  except.     Section  4702,  as  amended 

by  act  August  7,  1882,  and  June  27,  1890 53,  61 

Notorious  adultery  of  widow  pensioner.     Act  August  7,  1882 53, 54 

Remarriage  of  widow,  dependent  mother,  or  sister.     Section  4708 56 

To  officers  and  privates,  Missouri  State  Provisional  Troops,  under  provisions 

of  act  of  February  15,  1895 63 

To  regulars  and  volunteers,  the  same.     Act  April  22,  1898 101 

To  survivors  of  the  war  of  1812.     Sections  4730,  4737 65,  66 

To  survivors  or  widows  of  Indian  wars.     Acts  July  27,  1892,  and  June  27, 

1902 71,260 

To  survivors  or  their  widows  of  the  Mexican  war.     Act  January  29,  1887.         74 

To  widows.     (See  Widows. ) 

Under  special  acts.     (See  Special  acts. ) 

Unclaimed  for  three  years,  disposition  of.     Section  4719 79 

Vouchers  for,  postdating  of,  prohibited.     Section  4746,  as  amended  by  act 

of  July  7,  1898 147 

When  allowed  to  persons  on  the  military  or  naval  pay  roll  of  the  United 

States.     Section  4724 37 

Withholding  of,  by  attorneys,  penalty  for.     Section  4,  act  July  4,  1884. . .      128 
PENSION  AGENCIES: 

Establishment  of.     Section  4780 118 

Commissioner  of  Pensions  to  inspect.     Act  August  8,  1882 115 

Salary,  clerk  hire,  etc.  .  Act  March  10,  1902.     (See  also  other  appropria- 
tion acts) 256 

To  be  arranged  in  three  groups.     Act  March  3,  1891 91,  111 

PENSION  AGENTS: 

Appointment  of,  and  term  of  office.     Section  4778 117 

Authority  to  certify  affidavits  in  payment  of  pension  without  fee  granted 

by  section  4784,  abolished.     Act  of  March  23, 1896 119 

Bond  of.     Section  4779 118 

Checks  drawn  by,  and  mailed  to  constitute  payment.     Act  March  1,  1889, 

and  June  30,  1890 87,  112 

Compensation,  salary  of.     Acts  June  14,  1878  (repealing  sections  4781, 

4782),  and  March  10,  1902 118,256 

Fees  for  preparation  of  vouchers.     Act  March  3,  1885 86-87 

Provision  in  case  of  vacancy  in  office  of.     Act  March  8,  1878 117 

Regulations  for  payment  of  pension  by.     Section  2,  act  March  3,  1891 91 


INDEX. 


297 


PENSION  AGENTS — Continued.  Page. 

To  be  satisfied  as  to  identity  of  pensioner  before  check  drawn.     Section 

4765 Ill 

To  draw  checks  to  order  of  Commissioner.     Section  4765 Ill 

Vouchers — 

Blank  forms  to  be  furnished  by  Secretary  of  the  Interor.     Section  4767 .       116 
Before  whom  made  and  how  verified.     Acts  June  7,  1888,  September 

1,  1890,  and  August  23,  1894 '. 106,108 

Quarterly,  to  be  sent  to  pensioners  by.     Section  4764 '. .       110 

PENSIONERS: 

Biennial  examination  of,  laws  requiring,  repealed.     Act  June  21,  1879  ...        45 

Continuance  of  pension  to  certain.     Section  4733 82 

Deprived  of  pension  owing  to  employment  in  civil  branch  of  Government 

reimbursed.     Act  March  1,  1879 48 

Deserting  family,  disposition  of  their  pension.     Act  March  3,  1899 121 

Dropping  of  name  from  pension  roll,  laws  governing 79-80 

Entitled  to  only  one  pension  for  same  period.     Section  4715 36 

Inmates  of  Soldiers'  Homes,  State  or  Territorial,  disposition  of  their  pen- 
sion.    Acts  August  7,  1882,  and  March  3,  1899 114, 121 

Nonresident,  no  payment  to,  when.     Act  March  1,  1 893 92 

Nonresident,  no  payment  to,  repealed.     Act  March  2,  1895 93 

Pension  due  at  date  of  death  of,  payable  to  legal  representatives.     Act 

March  1 ,  1889 112 

Rights  in  cases  suspended  or  withheld  by  the  Commissioner.     Act  Decem- 
ber 21,  1893 80 

To  be  paid  in  checks  drawn  to  their  order,  except.     Section  4765,  and  act 

Augusts,  1882 111,115 

Who  become  insane,  disposition  of  their  pension.     Act  August  8,  1882.  114, 115 
Who  become  inmates  of  Government  Hospital  for  the  Insane,  disposition 

of  their  pension.     Act  March  3,  1883 115 

Who  become  inmates  of  Naval  Asylum,  Philadelphia,  or  naval  hospitals, 

disposition  of  their  pension.     Act  May  4,  1898 251 

PENSION  NOTARIES: 

When  to  be  appointed.     Section  4714 105 

PENSION  OFFICE: 

Per  diem  not  allowed  to  special  examiners  in  District  of  Columbia.     Act 

May  28,  1896 98 

Salaries  of  officials,  clerks,  etc.    Acts  May  28, 1896,  and  April  28, 1902. .  97-98,  258 
PERJURY: 

And  subornation  of  perjury,  the  commitment  of,  penalty.     Sections  5392, 

5393 138,139. 

In  claims  under  act  July  27,  1892,  effect  of -        72 

In  claims  under  act  January  29,  1887,  effect  of 75 

See  also  Crimes  and  offenses. 
PERMANENTLY  HELPLESS  CHILD: 

Declaration  for  pension  on  account  of.     (See  Blank  forms. ) 

Deserted  by  father,  one-half  pension  payable  to  guardian.     Act  March  3, 

1899 „ 121 

Pensionable  status  of.  .  Section  3,  act  June  27,  1890 62 

PERMANENT  SPECIFIC  DISABILITIES: 

Rate  and  commencement  of  pension  for,  subsequent  to  June  4,  1872.     Sec- 
tion 4698  25 

See  also  Table  of  rates. 


298  INDEX. 

PERSONAL  AID  AND  ATTENDANCE:  Page. 

Regular.     Act  March  4,  1890 19 

Frequent  and  periodical.     Act  July  14,  1892 27 

See  also  Totally  helpless,  Specific  disabilities,  and  Table  of  rates. 
PILOTS: 

Of  steam  vessels  when  drafted  in  time  of  war  for  duty  such  as  required  by 

their  license,  have  pensionable  status.     Act  May  28,  1896 152 

Pension  for.     Section  4693 5 

PLEDGE: 

Or  transfer  of  pension  void,  penalty  for.     Act  February  23,  1883 127 

POLITICAL  DISABILITY: 

Fourteenth  amendment,  United  States  Constitution,  removed.     Act  June 

6,  1898 251 

PORTO  Rico: 

Papers  executed  in,  how  authenticated 109 

POSTAGE: 

Amount  permissible  to  be  collected  by  attorneys,  etc.     Commissioner's 

order  May  26,  1891 129 

Prohibition  against  refusal  of  attorneys,  etc. ,  to  prosecute  for  nonpayment 

of.     Commissioner's  order  May  26,  1891 129 

POSTMASTERS: 

Fourth-class,  authorized  to  execute  pension  vouchers.     Act  August  23, 

1894 108 

POWELL'S  BATTALION: 

Missouri  Militia,  pension  for  service  in  Mexican  war.     Act  Mf.rch  3,  1891 .         75 
POWER  OF  ATTORNEY: 

Not  recognized  in  payment  of  pensions  to  pensioners  residing  in  foreign 

countries.     Act  August  14,  1898 99 

See  also  Agents  and  attorneys. 
PRESUMPTION: 

Of  death,  absence  of  seven  years.     Act  March  13,  1896 96 

Of  legal  termination  of  pension,  failure  to  draw  pension  for  three  years. 

Section  4719 79 

Of  soundness  at  enlistment.     Act  March  3,  1885 86 

PRIOR  SOUNDNESS: 

Presumed  at  time  of  enlistment,  but —    Act  March  3, 1885 86 

PRISONERS  OF  WAR: 

Pay  and  bounty  and  commission  to.    Acts  June  3, 1884,  February  3,  1887, 
and  February  24,  1897 47,48,50,51 

PHI  V  ATEERSMEN : 

Entitled  to  aid  from  privateer  pension  fund.     Section  4761 11 

Injuries  received  by,  to  be  made  a  matter  of  record.     Section  4762 11 

PRIVATEER  PENSION  FUND: 

Derived  under  section  4759,  to  be  paid  into  the  Treasury  of  the  United 

States.    Section  4760 11 

Secretary  of  Navy  trustee  for.     Section  4759 ; 10, 11 

PRIZE  MONEY: 

Accruing  to  United  States  to  remain  a  fund  for  pensions.     Section  4752..          9 
PROHIBITION  AGAINST: 

Officers  or  officials  of  United  States  Government  receiving  compensation, 

etc.     Section  1 782 1 34 

Persons  employed  in  the  Government  in  any  capacity  acting  as  agents, 

attorneys,  etc.,  in  claims  against  United  States.     Section  5498 143 

Persons  formerly  in  departments  acting  as  attorneys.     Section  190 123 


INDEX.  299 

PROHIBITION  AGAINST  —  Continued.  i-a^'. 

Persons  demanding  fees  for  prosecuting  pension  claims.     Section  4785.  .  .       124 
Refusal  of  attorneys,  etc.,  to  prosecute  claims  for  nonpayment  <  f  postage 
by  applicants.     Commissioner's  order  May  26,  1891  ...................       129 

PROVISIONAL  MISSOURI  MILITIA: 

Have  pensionable  status  under  act  June  27,  1890.     Act  February  15,  1895 
(see  also  Missouri)  ..................................................        63 

PROVOST-MARSHALS  AND  DEPUTIES: 

Pension  for.     Section  4693  ............................................          6 

Rate  of  pension  to,  for  total  disability.     Section  4695  ...................         22 

PUBLICATION: 

Authority  for,  pamphlet  of  laws.     Section  4748  .........................          2 


QUARTERMASTER-GENERAL  UNITED  STATES  ARMY: 

To  furnish  transportation  to  applicants  for  artificial  limbs.     Act  August 

15,1876  ............................................................       153 

R. 

RANK: 

Held  at  time  of  contracting  disability  determines  rate  of  pension.     Sec- 
tions 4695,  4696  ..............................  ......................  22-23 

How  determined.     Acts  June  3,  1884,  February  3,  1887  .................  46-48 

Not  considered  in  claims  under  act  June  27,  1890  .......................  61-62 

RATES: 

For  arrears  of  pension.     Act  March  3,  1879  .............................        34 

For  disabilities,  specific,  fixed  by  law  ..................................  28-29 

For  disabilities  fixed  by  office  rulings  .....................  ."  ............  29-31 

Of  pension  under  the  general  law  according  to  rank  held  at  time  of  con- 
tracting disabilities.     Sections  4695,  4696  .............................  22,  23 

Table  of  .............................................................  28-31 

REENLISTMENT: 

In  Navy  carries  bounty  pay.     Act  June  1  1  ,  1896  ........................        15 

REGULAR  AID  AND  ATTENDANCE.     (See  Totally  helpless  and  Table  of  rates.) 
REGULATIONS: 

As  to  practice  before  Bureau  of  Pensions  .............................  162-166 

Governing  the  recognition  of  agents,  attorneys,  etc.,  prescribed  by  Secre- 
tary of  the  Interior  ...............................................  130-133 

Governing  the  division  of  an  invalid  pension.     Act  March  3,  1899  .....  121-122 

Relating  to  Army  and  Navy  pensions,  for  guidance  of  claimants  and 
attorneys  ........................................................  169-180 

REMARRIAGE: 

Of  widow,  dependent  mother,  dependent  sister,  terminates  pension.    Sec- 

tion 4708  and  amendment,  act  March  3,  1901  ........................  56,  255 

REMOVAL  OF  CHARGE  OF  DESERTION.     (See  Desertion.  ) 
REPORTS  OF: 

Examining  surgeons  open  to  inspection  of  claimants  or  their  attorneys. 

Act  July  1  8,  1  894  ...................................................        93 

Examining  surgeons  to  state  ratings  and  description  of  all  disabilities. 
Act  March  10,  1902  .................................................      256 

Special  examiners  open  to  inspection  and  copy  by  claimants,  attorneys, 
etc.     Act  March  10,  1902  ............................................      256 

RESIDENCE: 

In  Territories,  period  of,  requisite  to  divorce.     Act  May  25,  1896  .........         57 


300  INDEX. 

RESTORATION:  rage. 

Of  pensions  of  certain  persons  whose  claims  accrued  prior  to  March  4, 
1861,  and  their  widows  and  minors.     Act  June  9,  1880 12 

Of  certain  pensioners  who  were  stricken  from  the  rolls  on  account  of  the 
rebellion.     Act  March  9,  1878 68 

To  pension  rolls  owing  to   dropping  for  failure  to  claim,  requirements. 
Section  4719 79 

To  pension  rolls,  on  renewed  widowhood.     Act  March  3,  1901 255 

RETIRED  LIST: 

Commissioned  or  noncommissioned  officers  or  privates  of  the  Army,  Navy, 
or  Marine  Corps  on,  not  entitled  to  pension.     Acts  August  29,  1890,  and 

March  3,  1891 37,  90,  108 

REVENUE  CUTTERS: 

Cooperating  with  the  Navy,  under  direction  of  the  Secretary  of  the  Navy. 
Section  2757 7 

Officers  and  seamen  of,  wounded  or  disabled  while  in  line  of  duty  coop- 
erating with  Navy,  entitled  to  pension.     Section  4741 8 

REVOLUTIONARY  WAR: 

Evidence  necessary  to  establish  claims  for  pension  on  account  of  service 
in.     Section  4743 69 

Information  for  applicants  in  claims  based  on  service  in 176 

Title  txxpension  on  account  of  service  in.     Section  4742 69 

Widow  of  soldier  of,  entitled  to  what  rate  of  pension.     Section  4712,  and 

section  6,  act  March  9,  1878 26,69 

RULES  OF  PRACTICE: 

Before  Secretary  of  the  Interior _• 159-162 

Before  Commissioner  of  Pensions,  as  to  attorneys 162-166 

8. 
SAILORS: 

And  soldiers,  though  disloyal  to  United  States,  pensioned  in  certain  cases. 

Act  August  1,  1892 .. 49 

In  Navy  or  Marine  Corps,  whether  regularly  mustered  or  not,  their  title 

to  pension  under  the  general  laws.     Section  4693 5 

In  Navy  or  Marine  Corps,  serving  twenty  years  have  statu*s  for  admission 

to  Naval  Asylum,  Philadelphia.     Section  4756 10 

In  Navy  or  Marine  Corps  becoming  disabled  on  service  of  ten  years  may 

apply  for  aid  from  the  Navy-pension  fund.     Section  4757 10 

ST.  ELIZABETH'S  HOSPITAL  FOR  THE  INSANE.     (See  Government  Hospital  for 

the  Insane. ) 
SALARIES: 

Of  Commissioner  of  Pensions.     Section  470,  and  act  August  5,  1882 3 

Of  deputy  Commissioners  of  Pensions.    Section  472,  and  act  August  5,  1882 .      3, 4 

Of  officers  of  Bureau  of  Pensions.     Act  April  28,  1902 258 

Of  pension  agents.     Act  March  10,  1902.     (See  also  other  appropriation 

acts.) 256 

SEAMEN: 

Of  Navy  disabled  prior  to  March  4,  1861,  their  pensionable  status.     Sec- 
tion 4728 7 

Of  revenue-cutters,  disabled  while  cooperating  with  Navy  have  pensionable 

status.     Section  4741 8 

SECRETARY  OF  THE  INTERIOR: 

Authorized  to  appoint  medical  referee  and  four  examining  surgeons  for 

Pension  Bureau.     Section  4776 83 

Authorized  to  arrange  pension  agencies  in  groups.     Act  March  3,  1891...        91 


INDEX.  301 

SECRETARY  OF  THE  INTERIOR — Continued.  i-.mr. 

Commissioner  of  Pensions  to  be  under  direction  of.     Section  470 3 

Directed  to  restore  certain  persons  to  the  pension  rolls.     Section  5,  act 

March  9,  1878 68 

Has  discretionary  power  in  payment  of  certain  claims  for  accrued  pension. 

Act  June  30,  1890 88 

Regulations  prescribed  by,  for  recognition  of  agents,  attorneys,  etc 130-133 

Rules  of  practice  before,  in  appeal  cases 159-162 

To  approve  salaries  and  expenses  of  pension  agents.     Act  June  30,  1890..  87 

To  forward  blank  vouchers  to  pension  agents.     Section  4767 116 

To  prescribe  rules  and  regulations — 

In  Indian  war  survivors'  claims.     Act  July  27,  1892 71 

In  Mexican  war  survivors'  claims.     Act  January  29,  1887 74 

For  pension  agents  to  identify  pensioners.     Section  4765 Ill 

To  provide  regulations  for  inspection  of  medical  and  special  examiners' 

reports.     Act  July  18,  1894 92-93 

To  provide  suitable  rooms  in  public  buildings  for  pension  agencies.     Act 

June  30,  1890 8 

To  provide  rules  and  regulations  governing  the  practice  of  agents  and 

attorneys,  etc.     Act  July  4,  1884 125-128 

SECRETARY  OF  NAVY: 

Application  for  half  rating  from  navy  pension  fund  made  to.     Section  4756.  10 
Authorized  to  convene  a  board  to  examine  applicants  for  aid  from  navy 

pension  fund.     Section  4757 10 

To  certify  to  the  Commissioner  of  Pensions  the  names  of  those  entitled 

from  the  navy  pension  fund  under  sections  4756,  4757 10 

To  decide  claims  for  pension  from  privateer  pension  fund.     Section  4763  .  12 

Trustee  of  navy  pension  fund.     Section  4750 8 

Trustee  of  privateer  pension  fund.     Section  4758 10 

Transcript  of  journal  of  privateersmen  to  be  transmitted  to.    Section  4763.  12 
SECRETARY  OF  WAR: 

Applications  for  removal  of  charge  of  desertion  standing  against  soldiers 

of  war  of  rebellion  and  Mexican  war  to  be  made  to 40-44 

SECTIONS  OF  THE  REVISED  STATUTES: 

Sec.    186.  Compelling  testimony 145 

190.  Prohibition  against  former  Executive  Department  employees  . .  123 

470.  Commissioner  of  Pensions,  appointment,  salary 

471.  Commissioner  of  Pensions,  duties 3 

472.  Deputy  Commissioner,  appointment,  etc 

473.  Clerk  to  sign  certificates,  etc 

474.  Clerks  to  investigate  frauds 147 

1044.  Statute  of  limitations 145 

1045.  Fleeing  from  justice 146 

1046.  Crimes  under  revenue  laws 146 

1176.  Trusses,  to  whom  furnished - 156 

1177.  Application  for  trusses 156 

1178.  Purchase  of  trusses.. 156 

1426.  Honorable  discharges 

1573.  Bounty  pay  for  reenlisted  men 15 

1656.  Provisions  for  widows,  etc.,  of  those  who  die  in  the  service 

1657.  Florida  Indian  war  volunteers,  benefits  to 71 

1778.  United  States  Commissioners  authorized  to  administer  oaths..  105 
1782.  Prohibition  against  officers,  etc.,  of    United  States  receiving 

compensation  for  services — 134 


302  INDEX. 

SECTIONS  OF  THE  REVISED  STATUTES — Continued.  Page. 

Sec.  2757.  Revenue  officers  to  cooperate  with  Navy 7 

3478.  Oath  of  allegiance 123 

3479.  Oath  of  allegiance,  before  whom  taken 124 

4692.  Who  may  have  pensions. 5 

4693.  Pension  beneficiaries  enumerated 5 

4694.  Pension  for  wounds  received,  etc. ,  in  line  of  duty 35 

4695.  Rates  of  pension  for  total  disability 22 

4696.  Pensions  according  to  rank 23 

4697.  Pensions  for  permanent  specific  disabilities  prior  to  June  4, 

1872 24 

4698.  After  June  4,  1872 25 

4698£.  Increase  of  pensions 16 

4699.  Division  of  rate  of  $18  per  month 26 

4700.  Absentees,  line  of  duty 35 

4701.  Period  of  service,  how  construed 36 

4702.  Amended  by  act  August  7,  1882,  widows  and  minors,  when  en- 

titled....'   52,53 

4703.  Increased  pensions  to  widows,  etc 52 

4704.  Legitimacy  of  children 56 

4705.  Widows  of  colored  and  Indian  soldiers,  etc 56 

4706.  Abandonment,  etc.,  by  widow 79 

4707.  Dependent  relatives,  pensionable  rights  of 59 

4708.  Amended  by  act  March  3,  1901,  remarriage 56,255 

4709, 4710.  Repealed  by  acts  of  January  25  and  March  3,  1879 32 

471 1 .  Arrears  of  pension 32 

4712.  Provisions  of  pension  laws  extended 26 

4713.  Commencement  of  anterebellion  pensions 36 

4714.  Execution  of  declarations,  etc 105 

4715.  One  pension  only  for  same  period 36 

4716.  Loyalty,  requisite  to  pension 81 

4717.  Repealed  by  section  3,  act  January  25,  1879 32 

4718.  Accrued  pensions,  reimbursements 77 

4719.  Unclaimed  pensions,  disposition  of 79 

4720.  Pensions  under  special  acts 80 

4721.  Indian  claims 36 

4722.  Missouri  militia,  pensionable  status 6 

4723.  Colored  soldiers,  slaves,  pensionable  status  of 

4724.  Both  pension  and  pay  not  allowable,  unless 

4725.  Half  pay  to  widows  and  children,  laws  prior  to  June  3,  1858  . .  57 

4726.  4727.  Half  pay  to  widows  and  children 57 

4728.  Navy  pensions 

4729.  Navy  pensions  to  widows  and  children 

4730.  Mexican  war  soldiers  pensioned 73 

4731.  Widows  and  children  of  Mexican  war  soldiers  pensioned 73 

4732.  Widows  and  children  of  soldiers  in  war  of  1812,  Indian  wars,  etc.  (>o 

4733.  Continuance  of  pension 82 

4734.  Pensions  not  to  be  withheld 82 

4735.  Widow  not  to  receive  pension  for  same  period  as  husband 56 

4736.  Pensions  to  certain  soldiers  and  sailors,  war  of  1812 65 

4737.  Rate  of  pension 66 

4738.  Pensions  to  surviving  widows  of  officers,  etc.,  war  of  1812 66 

4739.  Proot  required,  names  may  be  stricken  from  pension  rolls  ....  6(5 

4740.  Loss  of  discharge  certificate  no  bar  to  pension,  war  of  1812  ....  66 


INDEX.  303 

SECTIONS  OF  THE  REVISED  STATUTES — Continued.  Page. 

See.  4741.  Pensions  to  officers  and  seamen  of  revenue  cutters 8 

4742.  Prohibition  against  certain  Revolutionary  claims 69 

4743.  Evidence  required  in  claims  of  Revolutionary  soldiers 69 

4744.  As  amended  by  act  of  July  25,  1882,  detailed  clerks  to  investi- 

gate suspected  attempts  at  fraud 135 

4745.  Any  pledge  or  transfer  of  pension  void 136 

4746.  Amended  by  act  July  7,  1898.     Penalty  for  false  affidavit  or 

postdating  vouchers 137, 147 

4747.  Pension  not  liable  to  attachment 82 

4748.  Commissioner  to  furnish  printed  instructions  free  of  charge  ...  2 

4749.  Certain  soldiers  and  sailors  not  to  be  deemed  deserters 37 

4750.  Secretary  of  Navy  trustee  of  naval  pension  fund 8 

4751.  Penalties  and  forfeitures,  how  to  be  sued  for,  etc 8 

4752.  Prize  money  accruing  to  the  United  States  to  remain  a  fund  for 

pensions 9 

4753.  Navy  pension  fund,  how  to  be  invested 9 

4754.  Rate  of  interest  on  naval  pension  fund 9 

4755.  Naval  pensions  payable  from  fund 10 

4756.  Half  pay  of  rating  to  disabled  enlisted  persons  serving  twenty 

years  in  Navy  or  Marine  Corps 10 

4757.  Serving  not  less  than  ten  years  may  receive  what  aid 10 

4758.  Secretary  of  Navy  trustee  privateer  pension  fund 10 

4759.  Privateer  pension  fund,  how  derived 10 

4760.  Amount  to  be  paid  into  Treasury,  privateer  fund 11 

4761.  Wounded,  etc.,  privateersmen  to  be  placed  on  the  pension  list.  11 

4762.  Commanding  officers  of  privateers  to  note  names,  etc.,  in  a 

journal 11 

4763.  Transcript  of  journal  to  be  transmitted  to  Secretary  of  Navy. . .  12 

4764.  Pension  agents  to  send  quarterly  vouchers  to  each  pensioner  ..  110 

4765.  Check  to  be  drawn  to  order  of  each  pensioner Ill 

4766.  amended  by  act  August  8,  1882.  Pensions  to  be  paid  only  to 

persons  entitled,  except 112, 114 

4767.  Blanks  for  vouchers,  notice 116 

4768.  Certificate  of  pension  fee  of  attorney 116, 124 

4769.  Attorneys'  fees 116,124 

4770  (now  section  3646).  Duplicates  for  lost  checks,  how  issued 117 

4771 ,  4772;  4773.  Repealed  by  section  3,  act  June  21 ,  1879 45 

4774.  Superseded  by  section  4,  act  July  25,  1882,  amended  by  act 

March3,  1885 82 

4775.  Special  medical  examinations 82 

4776.  Provision  for  medical  referee  and  examining  surgeons 83 

4777.  Appointment  of  civil  examining  surgeon 46,  83 

4778.  Pension  agents,  appointment,  etc 117 

4779.  Pension  agents'  bond 118 

4780.  Pension  agencies  established 118 

4781,4782.  Repealed  by  act  of  June  14,  1878 118 

4783.  Amended  by  act  February  10,  1891,  embezzlement 138 

4784.  Pension  agents,  etc.,  to  take  affidavits  without  fee 119 

4785.  Fees  of  agents  and  attorneys 124 

4786.  Fee  agreements  to  be  filed 124 

4787.  Amended  by  act  February  27,  1877,  artificial  limbs 153 

4788.  Commutation  rates  in  money  value  for  limb,  etc 153 

4789.  Superseded  by  section  1,  act  August  15,  1876 153 


304  INDEX. 

SECTIONS  OF  THE  REVISED  STATUTES — Continued.  Page. 
SEC.  4790.  Amended  by  act  February  27,  1877,  commutation  to  persons 

who  can  not  use  artificial  limbs 154 

4791.  Amended  by  act  of  February  27,  1877,  transportation  for  those 

to  whom  artificial  limbs  are  furnished 154 

5392.  Perjury 138 

5393.  Subornation  of  perjury 138 

5414.  Forging  or  counterfeiting  United  States  securities 1 39 

5418.  Forging  bid,  public  record,  etc 139 

5421.  Forging  deed,  power  of  attorney,  etc 139 

5422.  Having  forged  papers  in  possession 140 

5435.  False  personation  of  persons  entitled  to  pension,  etc 141 

5438.  Making  or  presenting  false  claims 141 

5440.  Amended  by  act  May  17,  1879,  conspiracy 142, 147 

5451.  Bribery  of  United  States  officers 143 

5479.  Conterfeiting  bid,  bond,  etc 140 

5485.  Illegal  attorney  fees 142 

5486.  Amended  by  act  of  February  10,  1891,  embezzlement 138 

5498.  Prohibition  against  persons  employed  under  the  Government 

in  aiding  or  assisting  in  the  prosecution  of  claims 143 

5501.  Prohibition  against  United  States  officers  accepting  bribes  ...^      142 
SEIZURE,  ATTACHMENT,  OR  LEVY  : 

Pension  not  liable  to.     Section  4747 82 

SERVICE: 

In  Indian  wars — 

Thirty  days,  or  less  for  Congressional  recognition  for  some  special  serv- 
ice, and  an  honorable  discharge,  gives  pension  to  survivors  or  their 

widows  under  acts  July  27,  1892,  and  June  27,  1902 71,  2(50 

Shown  by  record  of  pay  in  absence  of  record  of  enlistment  and  mus- 
ter. Act  June27,  1902 260 

In  Mexican  war — 

Sixty  days,  or  actively  engaged  in  a  battle,  or  Congressional  recognition 
for  some  special  service,  and  an  honorable  discharge,  survivors  or 
their  widows  have  pensionable  status,  provided.  Act  January  29, 

1887 74 

Shown  by  issuance  of  land  warrants.     Section  3,  act  January  29,1887.         74 
In  Navy — 

Of  twenty  years  gives  title  to  admission  to  Naval  Asylum,  Philadel- 
phia, or  for  pay  from  naval  pension  fund.  Section  4756 10 

Of  ten  years,  with  disability,  may  receive  aid  from  naval  pension 

fund.     Section  4757 10 

In  war  of  1812— 

Sixty  days,  or  less  for  Congressional  recognition  for  some  special  service 
and  an  honorable  discharge,  gives  pensionable  status  to  survivors 

or  their  widows.     Sections  4736,  4738 65, 66 

In  war  of  rebellion — 

Six  months  or  more  gives  pensionable  status  to  army  nurses  under 

act  August  5,  1892,  provided 64 

Ninety  days  or  more  and  an  honorable  discharge  gives  pensionable 
status  to  soldiers,  their  widows  or  minors  under  act  June  27,  1890, 

provided 61-62 

On  retired  or  active  list  of  Army,  Navy,  or  Marine  Corps  bars  right  to 

pension.     Sectioli  4724,  acts  August  29,  1890,  and  March  3,  1891 37, 90 

Termination  of,  construction.     Section  4701 36 


INDEX.  305 

SlCK    LEAVE    AND   SICK    FURLOUGH:  Page. 

Those  on,  how  regarded  for  pensionable  purposes.     Section  4700 35 

SISTER,  DEPENDENT: 

Marriage  of,  terminates  pension.     Section  4708 56 

Title  of,  under  the  general  law.     Section  4707 59 

Title  of,  under  act  June  27,  1890 61 

SLAVES.     (See  Colored  persons. ) 
SOLDIERS: 

In  the  civil  service  of  the  United  States  to  be  paid  pension  withheld.    Act 

March  1,  1879 48 

Minor,  when  not  entitled  to  pension.     Section  3,  act  March  2,  1889 42 

Regular  and  volunteer  in  wars  of  rebellion  and  Mexican,  may  have  charge 

of  desertion  removed.     Acts  March  2,  1889,  March  2,  1895 41-44, 45 

Retention  of  discharges  of,  by  attorneys,  penalty  for.     (See  Crimes  and 

offenses. ) 

Rights,  on  removal  of  charge  of  desertion.     Section  8,  act  March  2,  1889  .        44 
Though  engaged  in  rebellion  against  United  States  pensioned  in  certain 

cases.    ActAugustl,  1892 '..        49 

Widows  or  heirs  of,  succeed  to  certain  rights  on  removal  of  charge  of  deser- 
tion.    Section  8,  act  March  2,  1889 44 

SOLDIERS'  HOME.     (See  Homes  for  Disabled  Volunteer  Soldiers  and  National 

Soldiers'  Home.) 
SOUNDNESS: 

Of  applicants  for  pension  at  enlistment  presumed.     Act  March  3,  1885  ...        86 
SPANISH  WAR: 

Conditions  as  to  widow' s  rights.     Act  March  3,  1899 121-122 

Provisions  of  act  March  3,  1899,  relative  to  marriage,  not  applicable  to 

claims  arising  out  of  sendee  in 121 

Service  of  son  in,  entitles  ex-Confederate  parents  to  pensionable  status. 

Act  April  18,  1900 *. 252 

Tax  stamp  not  required  on  pension  papers.     Act  June  13,  1898 252 

SPECIAL  ACTS: 

Attorneys'  fees  in.     (See  acts  March  3,  1891,  and  March  10,  1902) . .  90, 129,  256 

Pension  under,  equalized  in  certain  cases.     Act  June  6,  1874 151 

Persons  receiving  pension  by,  not  entitled  to  pension  under  general  law 

in  addition,  except.     Act  July  25,  1882 85 

Rate,  commencement,  and  duration  of  pension  under.     Section  4720 80 

SPECIAL  EXAMINERS: 

Authorized  to  administer  oaths.     Act  March  3,  1891 91, 136 

Authorized  to  cause  subpoana  to  issue  for  recalcitrant  witness.     Act  July 

25, 1882 136, 145 

Compensation  provided  for  witnesses  subpoenaed  by.     Act  July  25, 1882. .       84, 

136, 145 
Detailed  clerks  to  act  as,  power  of.     Section  4744  as  amended  by  act  July 

25,1882 135-136 

Not  allowed  per  diem  when  making  investigation  in  the  District  of  Colum- 
bia.    Acts  May  28,  1896,  and  April  28,  1902 98,258 

Provision  for  appointment  of.     Acts  May  28,  1896,  and  April  28,  1902. . .  98,  258 
Reports  of,  open  to  inspection  and  copy  by  claimants  or  their  attorneys. 

Act  March  10,  1902 256 

SPECIAL  EXAMINATION  DIVISION: 

Chief  and  assistant  chief  of,  provided  for.     Act  May  28,  1896 98 

5323—02 20 


306  INDEX. 

SPECIFIC  DISABILITIES:  Page. 

Loss  of  an  arm  at  or  above  the  elbow  or  leg  at  or  above  knee.     Acts  March 

3,  1883,  and  August  4,  1886 19,  20 

Loss  of  one  hand  or  one  foot.     Act  March  3,  1883,  and  August  4, 1886 19,  20 

Loss  of  both  hands  or  both  feet.     Acts   June  17,  1878,  and  February  12, 

1889 ;....         17 

Loss  of  both  hands,  both  feet,  sight  of  both  eyes.     Act  June  17,  1878 17 

Loss  of  leg  at  hip  joint  or  so  near  as  to  prevent  use  of  artificial  limb.     Act 

August  4,  1886 20 

Loss  of  arm  at  shoulder  joint,  or  so  near  as  to  prevent  the  use  of  an  artifi- 
cial limb.     Act  August  4,  1886 20 

Rate  and  commencement  of  pension  for,  subsequent  to  July  4,  1864,  and 

prior  to  June  3,  1872.     Section  4697 24 

Rate  and  commencement  for  pension  for,  subsequent  to  June  4,  1872. 

Section  4698 25 

Rate  for  total  blindness  from  causes  arising  out  of  service.     Act  March  3, 

1879 18 

See  also  Table  of  rates. 
STAMPS: 

Spanish  war  taxes  not  required  on  pension  papers.     Act  June  13,  1898 252 

STATE  SOLDIERS'  HOMES.     (See  Homes  for  Disabled  Volunteers.) 
STATUTE  OF  LIMITATION: 

When  operative.     Section  1044 145 

SUBORNATION  OF  PERJURY.     (See  Crimes  and  offenses.) 
SUBPCENA: 

Authority  of  special  examiner  to  have  issued  for  witness.     Act  July  25, 
1882..*. 84,136,145 

"SURGEONS: 

Acting,  assistant,  or  contract,  pensions  for,  under  general  law.    Section  4693 .          6 
Examining1 — 

Appointment  of.     Section  4777,  section  4,  act  July  25,  1682 83,  84 

Duties  of.     Section  4775,  section  4,  act  July  25,  1882 82,  84 

Expert,  commissioner  authorized  to  appoint.     Section  4,  act  July  25, 

1882 84 

Fees  of.     Act  March  10,  1902  (also  prior  appropriation  acts) 256 

Limitation  as  to  daily  examinations.     Act  March  10,  1902  (and  prior 

appropriation  acts) 256 

Not  entitled  to  fee  unless  present  and  assisting  in  examination.     Act 

March  10,  1902  ( also  prior  appropriation  acts ) 256 

Reports  of,  open  to  inspection  of  claimants  or  their  attorneys.     Act 

July  18,  1894 93 

To  make  examination  of  applicants  for  trusses.     Section  1177 156 

SURGEON-GENERAL  : 

Applications  for  trusses  to  be  made  to.     Section  1177 156 

Purchase  of  trusses  by.     Section  1178 156 

SURVIVORS  OF  INDIAN  WARS.     (See  Indian  wars. ) 
SURVIVORS  OF  THE  WAR  OF  1812.     (See  War  of  1812.) 
SURVIVORS  OF  THE  MEXICAN  WAR.     (See  Mexican  war.) 


T. 

TABLE  OF  RATES 2 

TERMINATION  OF  PENSION,  CAUSES  FOR: 

Cessation  of  pensioned  disability.     Section  4692  and  section  2  of  act  June 

27, 1890 5,  62 

Cessation  of  pensionable  dependence.     Section  4707  and  act  June  27, 1890.  59, 61 


-i 


INDEX. 


307 


TERMINATION  OF  PENSION,  CAUSES  FOR — Continued.  Page. 

Failure  to  claim  for  three  years,  presumptive  evidence  of  legal  ending. 

Section  4719 79 

Minors  attaining  their  sixteenth  year,  except.     Section  4702,  as  amended 

by  act  August  7,  1882,  and  section  3,  act  June  27,  1890 53-54,  62 

Notorious  adultery  of  widow.     Section  2,  act  August  7,  1882 54 

Remarriage  of  widow,  dependent  mother,  or  sister.     Section  4708 56 

TERMINATION  OF  SERVICE: 

Date  of 36 

TERRITORY: 

Residence  of  one  year  in,  prerequisite  to  obtain  divorce.    Act  May  25, 1896        57 
Marriages  in,  how  proven.     Act  February  19,  1887 54-55 

TOTALLY  HELPLESS: 

For  performance  of  manual  labor,  requiring  frequent  aid  and  attendance. 

Act  July  14,  1892 27 

In  hand  and  foot,  rate  of  pension  for.     Act  February  28,  1877 . .         26 

In  hand  or  foot,  rate  of  pension  for.     Act  August  4,  1886 20 

In  leg  or  arm,  rates  of  pension  for.     Act  August  4,  1886 20 

In  both  feet,  rate  of  pension  for.     Section  4697 24 

In  both  hands,  rate  of  pension  for.     Section  4697 24 

Of  a  permanent  character  requiring  regular  aid  and  attendance.     Section 

4697,  acts  June  18,  1874,  June  16,  1880,  and  March  4,  1890  ...  16, 17, 18, 19,  24 
See  also  Table  of  rates 28-31 

TRANSPORTATION  : 

To  have  artificial   limbs  fitted,  by  whom  furnished.     Section  4791;  acts 
August  15,  1876,  and  February  27,  1877 154, 155 

TREASURER: 

Of  Soldiers'  Home  and  Government  Hospital  for  the  Insane  to  receive 
pension  of  inmates.     Acts  August  7,  1882,  and  March  3,  1883 114, 115, 119 

TRUSSES: 

Law  as  to  furnishing.     Section  1176 156 

Application  for.     Section  1177 156 

Purchase  of,  by  Surgeon-General.     Section  1178 156 

U. 

UNITED  STATES  OFFICERS: 

Accepting  bribe  by,  penalty  for.     Section  5501 142 

Bribery  of,  penalty  for.     Section  5451 143 

Oaths  to  vouchers  to  be  administered  by,  free  of  charge.     Act  June  7, 1888.        54 
Personation  of,  penalty  for.     Act  April  18,  1884 144 

UNCLAIMED  PENSIONS: 

For  three  years,  disposition  of.     Section  4719 ; 79 

V. 

VESSELS  : 

Privateers,  commanding  officer  to  keep  journal.     Section  4762 11 

VOLUNTEERS: 

On  same  footing  as  to  pay,  pension,  etc.,  as  regulars.     Act  April  22,  1898.       101 
War  of  the  rebellion — 

Charge  of  desertion  standing  against  soldiers  in,  may  be  removed. 
Acts  August  7,  1882,  July  5,  1884,  May  2,  1886,  and  March  2,  1889.  37-44 

Officers'  rank  to  date  from  appointment.     Act  February  24,  1897 50 

Prisoner  of  war  not  to  be  denied  benefits  of  appointment.     Act  Feb- 
ruary 24,  1897 50 

Provision  made  for  pay  and  muster  of  certain  officers  and  enlisted 

men.     Act  February  24,  1897 50 


308  INDEX. 

VOUCHERS:  page> 

Blanks  for.     Section  4767 116 

Execution  and  verification.     Act  September  1,  1890 106-107 

Fourth-class  postmasters  to  execute.     Act  August  23,  1894 108 

Oaths  as  to  execution,  administered  free  of  charge  by  United  States  offi- 
cers.    Act  June  7,  1888 54 

Preparation  of,  by  pension  agent ;  fees.     Act  March  3,  1885 86 

Postdated,  presenting  or  forwarding.     (See  Crimes  and  offenses.) 

Quarterly;  sent  by  pension  agents  to  pensioners.     Section  4764 103 

Vicious  HABITS: 

Vitiates  title  to  pension.     Act  June  27,  1890 61 

W. 

WAR  OF  1812: 

Pension  for,  evidence  required.     Section  4739,  act  March  9,  1878 66-69 

Pension  to  certain  soldiers  and  sailors  of.     Sections  4736,  4737,  4738,  4739. 

4740,  act  March  9,  1878 65-69 

Rules  and  regulations  relating  to  applications  for  pension 176 

Widows  of  certain  persons  engaged  in,  entitled  to  pension.     Sections  4738, 

4739,  and  act  March  9,  1878 66-68 

WIDOWS: 

Act  June  27,  1890— 

Income  necessary  to  disqualify  under.     Act  May  9,  1900 253 

Title  under 61 

Additional  pension  allowed  for  each  minor  of  soldier,  provided.     Section 

4703... 52 

Commencement  of  pension  to,  under  the  general  law.     Section  4702,  as 

amended  by  acts  August  8,  1882,  and  June  7,  1888 52, 54 

Commencement  of  pension  to,  under  the  act  June  27,  1890 62, 95 

Declarations  of.     (See  Blank  forms.) 

Forfeits  right  to  pension  by  reason  of  immoral  conduct  or  abandoning 

minor  child  or  children.     Section  4706 79 

Half  pay  to  (ante-rebellion  wars) .     Sections  4725,  4726,  4728 57,  58 

Marriage  of — 

In  colored  and  Indian  claims,  evidence  necessary  to  establish.  Sec- 
tion 4705 56 

In  Territories,  proof  as  to.     Act  February  19, 1887 54-55 

Prerequisite  to  title,  that  ceremony  was  duly  and  legally  contracted 
prior  to  March  3,  1899,  or  continued  cohabitation  from  marriage  to 
date  of  death,  or,  if  after  March  3,  1899,  prior  to  or  during  the 
military  or  naval  service  of  soldier  or  sailor  on  whose  service  claim 

is  based.     Act  March  3,  1899 121 

Provisions  of  act  March  3,  1899,  not  applicable  to  Spanish  war  claims.       121 

Requirements  as  to,  necessary  to  give  title.     Act  March  3,  1899 121 

To  be  legal  according  to  lex  loci.     Act  August  7,  1882 54 

Not  entitled  to  pension  for  same  period  husband  received  pension.     Sec- 
tion 4735  56 

No  status  for  restoration  on  renewed  widowhood  if  drawing  a  pension. 

Act  March  3,  1901 25 

Notorious  adultery  terminates  pension  of.     Act  August  7,  1882 

Of  officers  and  privates  in  Missouri  State  Militia  have  pensionable  status. 

Section  4722 

Of  officers  and  privates  of  the  Missouri  Militia  and  provisional  militia  en- 
titled to  benefits  of  act  June  27,  1890.     Act  February  15,  1895 


INDEX. 


309 


WIDOWS — Continued.  Page. 

Of  officers  and  seamen  or  other  persons  serving  in  Navy  disabled  prior  to 

March  4,  1861 ,  pension  to,  rate.     Section  4729 8 

Of  officers,  noncommissioned  officers,  or  petty  officers  of  Navy  to  be 

restored  in  certain  cases.     Act  June  9,  1880 12 

Of  officers  and  soldiers  whose  death  was  the  result  of  their  military  service, 

under  the  general  law.     Section  4702,  as  amended  by  act  August  7, 

1882,  and  section  4703 52-53 

Of  persons  engaged  in  the  war  with  Mexico  and  various  Indian  wars  have 

title  to  pension.     Sections  4731,  4732 65,  73 

Of  persons  serving  in  the  war  of  1812  have  title  to  pension.     Section  3738 

and  act  March  9,  1878 66-69 

Of  privateersmen  killed  in  service,  support  and  maintenance  of.     Section 

4759 10,11 

Of  soldiers  and  sailors  of  the  Revolutionary  war  have  title  to  pension. 

Sections  4712,  4742,  4743 26,69 

Of  soldiers  murdered  at  Centralia,  Mo.     Act  March  3,  1875 149 

Of  survivors  of  Indian  wars  have  title  to  pension.     Acts  July  27,  1892, 

June  27, 1902 71,  260 

Of  survivors  of  Gray's  battalion,  Arkansas  Volunteers,  Mexican  war.    Act 

Februarys,  1897 76 

Of  survivors  of  Powell's  battalion,  war  with  Mexico.     Act  March  3, 1891.        75 

Of  survivors  of  the  war  with  Mexico.     Act  January  29,  1887 74-75 

Of  persons  lost  on  steamer  Jeannette,  provisions  for  relief  of.     Act  Janu- 
ary 3,  1887 151 

Of  persons  lost  on  steamer  Ashuelot.     Act  January  29,  1887 151 

Renewed  widowhood  restores  pensionable  status  under  certain  conditions. 

Act  March  3,  1901 255 

Succeed  to  rights  of  soldier  on  removal  of  charge  of  desertion.     Act  March 

2,1889 44 

Those  entitled  to  increased  rate  of  $12  pension,  limitation.     Act  March  19, 

1886 , 55-56 

Who  forfeits  pension  by  remarriage  may  have  rights  restored  on  again 

becoming  a  widow,  provided.     Act  March  3,  1901 255 

Who  are  entitled  to  pension.     Section  4702,  as  amended  by  act  August  7, 

1882 53 

WIFE: 

Deserted,  entitled  to  one-half  husband's  pension,  provided.     Act  March 

3,  1899 120 

Information  as  to  moral  character  and  necessitous  circumstances  of,  to  be 

furnished  by  commissioner  to  treasurer  of  Soldiers'  Homes.     Act  March 

3,  1899 122 

Of  inmate  of  a  Soldiers'  Home  entitled  to  one-half  of  husband's  pension, 

provided.     Act  March  3,  1899 ,„....    .     120 

Of  insane  pensioner  may  be  paid  husband's  pension.     Act  August  8, 

1882 ." 114-115 

WITHHELD  OR  SUSPENDED: 

Not  to  be,  to  offset  claim  of  United  States.     Section  4734 82 

Pensions  not  to  be,  until  after  notice.     Act  December  21,  1893 80 

WITNESSES: 

Rules  and  regulations  as  to 174 

Subpoenaed  before  special  examiner,  compensation  of.     Section  186  and 

act  July  25,  1882 , 145 

n 


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YC  63031 


M83564 

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